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\

THE

PRINCIPLES OF BANKRUPTCY.

In 8vo, price 10s. 6d., cloth.

OUTLINES
OF THE

LAW OF TORTS.

By RICHARD RINGWOOD, M.A.,
OF THE MIDDLE TEMPLE, ESQ., BARRISTER-AT-LAW ; AUTHOR OF "PRINCIPLES
OF BANKRUPTCY," ETC., AND FORMERLY LECTURER ON COMMON LAW
TO THE INCORPORATED LAW SOCIETY.
SECOND EDITION.

" This is a work by the well-known author of a student's book on Bank
ruptcy. Its groundwork is a series of lectures delivered in 1887 by Mr.
Ringwood, as lecturer appointed by the Incorporated Law Society. It is clear,
concise, well and intelligently written, and one rises from its perusal with
feelings of pleasure. . . . After perusing the entire work, we can con
scientiously recommend it to students."—Law Students' Journal.
" The work is one we well recommend to law students, and the able way in
which it is written reflects much credit upon the author."—Law Times.
"Mr. Ringwood's book is a plain and straightforward introduction to this
branch of the law."—Law Journal.
\* Prescribed as a text-book by the Incorporated Law Society of Ireland.

. 1895. A SCALE OF COSTS.A. THE DEEDS OF ARRANGEMENT ACT. DUBLIN J FORMERLY LECTURER ON COMMON LAW TO THE INCORPORATED LAW SOCIETY . BARRISTER-AT-LAW J LATE SCHOLAR OF TRINITY COLLEGE. 1887 . AND AS TO ADMINISTRATION ORDERS. TEMPLE BAR. M. 1878. THE RULES AS TO THE COMMITTAL OF JUDGMENT DEBTORS. Eljc 3Sanferuptcg EuUs. ( V LONDON : STEVENS AND HAYNES. By RICHARD RINGWOOD. The Preferential Payments in Bankruptcy Act. 1882. 1890. 1890. The Bankruptcy (Discharge and Closure) Act. 1888 : WITH AN APPENDIX CONTAINING THE SCHEDULES TO THE BANKRUPTCY ACT. W}tm###BOT_TEXT###amp; of Sale gets. ESQ. and the Leading "Cases thereon." jSSfctjj Mixtion. 1887. REGULATIONS ISSUED BY THE BANKRUPTCY JUDGE. AUTHOR OF "OUTLINES OF THE LAW OF TORTS J " AND EDITOR OF " HAZL1TT AND RINGWOOD'S BANKRUPTCY ACT.. anK 1891.. 1884. BELL YARD. THE PRINCIPLES OF BANKRUPTCY: EMBODYING The Bankruptcy Acts. ano 1891. FEES AND PERCENTAGES . OF THE MIDDLE TEMPLE. 1886. AND THE RULES THEREUNDER. The Bankruptcy Appeals (County Courts) Act. 1883. 1883 and 1890. Part of the Debtors Act. AND THE RULES THEREUNDER . 1883 .

PRINTERS. & CO.. TO NEW v PUBLL : "A^y 208435A ASTIR. LENOX and TJLDtM FOUNDATIONS * 1U25 L LONDON : BRADBURY. LD. AONEW. WIIITEFRIAR3. .

It is hoped that this Edition will be as useful as those that have preceded it. has .. The body of the work.. and the leading decisions bearing on this branch of the law will ^ be found in their places. «q though it contains so much that is new.been ^ increased by only three pages : a result which" has iO> . A part of the book—that dealing with Bills of Sale —has been entirely re-written in the attempt to simplify a very difficult subject. Rules and other matter to be found in previous Editions. whilst reference has been made to a large number of additional cases of importance decided within the last four years. . ': : qq been achieved by a judicious curtailment of the less material parts. . PREFACE TO THE SIXTH EDITION. . As may be seen by the title page it contains all the Acts.

Thomas E. K. Temple : May. E. B. .. Barrister-at-law. 8. Fig-Tree Court. of the Inner Temple. For valuable aid in preparing and passing through the press the present Edition I am indebted to my friend Mr. Haydon. 1895.VI PREFACE.A.

like its predecessors. where also may be seen a table which will enable the reader to find any required section of the Bank ruptcy Act. 1869. One reference only for each case has been given in the foot-notes. This Edition. I have endeavoured to arrange in scientific order the sections of the Bankruptcy Act. in clear and concise language. R. 1884. May. as well as the Bankruptcy Appeals (County Courts) Act. pointing out the principal differences between it and the Act of 1869. but all the modern con temporary reports will be found in the list at the beginning of the book . without obscuring them under a perplexing mass of cases. which includes those of permanent importance which have been reported up to the present month. 1883. . to the latter of whom the Second Edition was recommended by the Council of that Institute as a text-book. * * # # # R. will show that an effort has been made to select what may be called the leading decisions on the subject. Temple. 1884. A glance at the list of cases. and I have also inserted in their proper places such portions of the Debtors Act. I have again attempted to shew. as are applicable to Bank ruptcy matters. PREFACE TO THE THIRD EDITION. the main principles of the Law of Bankruptcy. is intended chiefly for the use of law students and candidates for the Examinations of the Institute of Chartered Accountants.

.

49 Composition 50 Adjudication 55 Appointment of trustee 56 Committee of inspection . 59 . 22 Petition 42 Effect of receiving order .. . TABLE OF CONTENTS. . 44 Annulment of receiving order .. Introductory 1 CHAPTER II.. PAGE PREFACE v TABLE OF CASES xiii TABLE OF SECTIONS xxxi LIST OF ABBREVIATIONS xxxiv CHAPTER I. 58 Annulment of adjudication . . .. . .. Proceedings to Receiving Order 22 Acts of bankruptcy ... 48 First and other meetings . . . . 45 CHAPTER IV. Proceedings after Receiving Order 47 Statement of affairs 47 Public examination . Who mat be made Bankrupt 15 CHAPTER HI. . 57 Composition after adjudication .... .

. . 117 CHAPTER Vn. 115 Unclaimed funds or dividends . . 119 Duties of the debtor . CHAPTER V. . . . . . . 86 Bills of Sale. 114 Debts payable at future time . 76 Avoidance of fraudulent preferences . . . . .114 Secured creditors . . .. . . . 119 Arrest of the debtor . 120 CHAPTER VIII. . .X CONTENTS. . .120 Bankrupt trustee . PAOB Property divisible amongst Creditors. 79 Restrictions on the rights of judgment credi tors 81 Protected transactions 82 Discovery of debtor's property . 123 . . 1 10 Periodical payments . 84 Seizure of property . . 86 CHAPTER VI. . . . . . . . . ... . . The Trustee 122 Appointment and removal of .. . . . . . . and Administra tion of Property 61 Commencement of the bankruptcy . . 109 Landlord's power of distress .. Conduct of Debtor and Control exercised over him .. 64 Property divisible amongst creditors . . .102 Rules as to proof of debts . 61 Relation back 62 Property not divisible amongst creditors . . . . Debts Provable and Dividends 102 Debts provable and not provable . . . . 105 Priority of debts 106 Deferred debts 108 Deferred interest 109 Preferential claims of apprentice . . .. . . . Ill Mutual debts Ill Accommodation bills . . . 115 Dividends . . . 67 Reputed ownership 73 Avoidance of voluntary settlements . . .113 Interest .. 112 Distinct contracts . . . . 122 Vesting and transfer of property .

. . xi PAGE The Trustee—continued.. .. . 143 Duties of official receivers . . 163 (D)... 161 (C) . 141 CHAPTER IX... . 136 Annual statement of proceedings .. 144 Transitory provisions 145 Fees. Deceased insolvent debtors . .. Administration orders under s. 157 Undischarged bankrupt . 134 Books to be kept by trustee . .158 CHAPTER XII.. . 145 CHAPTER X. 165 ... . 159 (B). . 122 . Realization of Property 124 Official name 124 Remuneration of trustee .135 List of creditors and accounts to be furnished by trustee .. . 127 Payment of moneys into bank . Committal of judgment debtors . .. . ... . . 137 Ordinary powers to deal with... .. . 140 Release of trustee . . and re turns . Partners and Joint Debtors 147 CHAPTER XL Discharge of Bankrupt 150 Effect of order of discharge . . . . .. salaries.. funds. 155 After-acquired property . . Summary administration where debtor's property not likely to exceed £300 . Official Receivers and Board of Trade . CONTENTS. 136 Audit of trustee's accounts . . bankrupt's property 137 Powers exercisable with permission of com mittee 138 Control over trustee .. . expenditure.... . . 124 Costs 126 Voting powers 127 Disclaimer of onerous property .. Small Bankruptcies : Committal of Judgment Debtors : Deceased Insolvent Debtors 159 (A). ..

1886 and 1890 188 Bankruptcy Rules. 186 Schedule V. (Enactments repealed as to England) . . . 175 Prom trustee 176 Security for costs of appeal .. (Metropolitan County Courts) . 1890 (under s. . Schedule I. . 310 INDEX 315 . Costs 177 APPENDIX. A. 186 Schedule IV. 1878 298 1882 305 „ . 187 Bankruptcy Rules. as to Committal of Judgment Debtors 253 General Rules as to Administration Orders under Sec tion 122 of Bankruptcy Act. . . CHAPTER XIII. Acts.. 1889. 176 CHAPTER XV. . 263 Scale of Solicitor's Costs 268 Scale of Fees and Per-centages 282 Order as to Stamps 288 Deeds of Arrangement Act. PAGE Punishment of Fraudulent Debtors 169 Committal and prosecution of debtor .. . . . . (Proof of debts) 183 Schedule III.173 CHAPTER XIV. 25 of B. 1890) 250 County Court Rules. .. 1888 295 Bills of Sale Act. 1887 291 Deeds of Arrangement Act Rules. Appeals 174 Generally 174 Prom Board of Trade or official receiver . 249 Deeds or Arrangement Rules. . . 1883 259 Judicial Orders and Regulations .. 1891 248 Rules of the Supreme Court (Sales under Executions) . 1890 and 1891 309 Rules of Supreme Court as to Bills of Sale . (Statutes relating to unclaimed dividends) .. (Meetings of Creditors) 181 Schedule II.xii CONTENTS. .

Ch. Si Baker. 477) 114 Bargen. Ch. 444 . 356) . . 5 Mor. 48 L. 62 L. 479 . T. Exp. 3 Mor. In re (44 Ch. 46 L. 59 L. (25 Ch. T. 581) 178 Anon. B. p. Ex p. J. 464 . 28 "W. . 49 L. E. In re (36 W. E. (13 Ves. (62 L. J. In re (37 W. T. . B. 914. TABLE OF CASES. 30 L. 43 L. 765) 43 Ackerman. T. (24 Ch. 27 . 264 . T. In re (25 Q. 590) 18 Arnal. Ch. 59 L. . E. 157 Bates. 25 "W. J. 24 Q. 32 W. B. 138) 155 Badham. Exp.. . Q. 411 . (5 Ch. 640 . T. (18 Ch. J. 59 L. 52 . 283) 112 Barrow. 341 . 817) 168 Baker. 197) . 206) 174 Badcock. 286) . J. 263. 60 L. 836 . Bank. 33) . T. 134 . 27 W. Bank. 821 . 522. Ex p. 9 Ch. 26 . 601) 133 Andrews. 505 . 175) .. In re (3 Mor. Ex p. J. 661 . (14 Yes. 7 Mor. E. 22 "W. J. 161 . 69 L. 5 Mor. B. Bank. J. D. Ex p. 446. 917. J. D. T. E. 47 L. T. 679 . FAGE Abbott. 417 . T. . B. (16 Q. 254 . 724 . 80) 46 Ashwin. 63) 42 Banco de Portugal v. E. Ch. 53 L. D. 49 L. 243) 151 Arnott. 50 L. 442 . J. 22 W. 54 L. 682. Ch. 258 . 29 L. 74 . J. B. D. 21) 81 Ball. 78 . D. 253 . 927) 105 . D. 223 . 130 Araaud. 113. 6 Mor. E. 558 . 131 . . Waddell (5 App. B. Exp. 33 . T. Cas. 62 L. (36 W. 35 L. 86 Artola Hermanos. 63 L. 30 W. Ex p. 5 E. 521 . D. 38 W. 45 L. 5) . T. . 233 . Exp. 51 L. 252 . 1 Q. B. Exp. E. In re (10 Mor. 43 L. . 10 E. 1 Q. 41 . 9 Ch. 41 L. D. 604) 148 Allen. E. 42 Ball. 417 . 763) 94 Barne. 25 Barnet. Inre (1894. 293 . Exp. 209 . T. J. 221) . (L. 10 B. B. 87 . E. E. E. W. ST. (L. 698. 650) 105 Angerstein. 662. T. 65 . J. In re (24 Q. 38 W. Q. 58 L. T. (35 W. 271 . Exp. reported on another point. D. B. 69 L. (11 Ch. 42 L. J. (20 Ch. 7 Mor. Q. 1887. T. 109 . D. 69 L. 262 . 120 Attwater. 858 . . 53 L. T. 63 L. T. 781 . In re (1894. Bank. E. Bank. E. D. E. Exp. 50 L. 92 . 5 Mor. Q.

100 . 429) 68 Briggs and Spicer. Block (13 App. 269 . J. Tower Assets Co. 101 Beckham v. 323 . P. Q. 484 . T. Law. D. 600 . 85 W. 538 . B. 42 L. B. T. Pritchard (1 A. & E. 56 L. 600 . 15 Eq. 576 . 668 . Ch. (20 Q. 55 L. 116) 112 Bonacino. B. B. 638 . J. R. In re (5 Ch. J. B. 113 . 25 W. 4 Mor. T. 10 Mor. R. 35 W. of L. 700 . 27 W. Q.xiv TABLE OF CASES. 242) 70 Beyts. In re (1 Man. T. Ex p. 35 W. B. 41) 33 Brandon v. J. 37 W. 514 . Beckett (18 Q. 1 Q. 143 . R. 460 . 61 L. 623. 34) 95 Blakemore. 207 . (1891. B. 488. 4 R. 56 L. 54 Bischoffsheim. & B. Exp. Exp. Q. 147) 109 Bowness. J. Q. J. In re (9 Mor. Q. 60 L. T. 57 L. PAGE Bates. Ex p. 56 . Q. 37 W. 58 L. 1 Q. 34 W. 64 L. R. 783 . T. Drake (2 H. (Cooke. 1893. 21 . Q. B. . D. Bank. B. (1894. 60 L. 398) 92 Brown. Exp. 327. 2 Cb. In re (23 Q. 41 W. R. Q. 718 . R. Trench. 168) 54 Bishop. D. B. 33 . 372 . 497 . Bank. R. D. 296) 29 Blaibergf. 438) . B. 27) 99 Binstead. 21 W. 456) 29 Beckett. 10 R. 70 L. 166) 78 Brandon. 55 L. 638. 584 .. 452) 39 Bischoffsheim. 39 W. B. Q. 377 . J. Ex p. . T. 3 Mor. Cooke (6 E. 40 Baxter r. 432) . 2 Q. J. 104 Blanchett. 64 Bianchi v. 319 . T. T. B. J. T. 493 .. &c. Exp. 56 L. 492 . 862 . T. 57 L. 59 L. R. 532 . 38 "W. Hutchinson (L. In re Aylmer (No. 39 W. 486 . 438 . Robertson (24 Q. 315 . J. T. T. 64 L. Dig. 58 L. 127 . 579) 69 Benwell. . J. B. 59 . 4 Mor. J. 41 W. T. 87. R. 31 . 28 L. In re Aylmer (No. 1 Q. B. In re (1891. R. B. . R. 801 . B. 5 R. 10 R. 68 L. 107 . 96 . 202) 140 . 301 . 732) 101 Bluck. 500 . 442 . 226 . J. 8 R. B. 677 . In re (1891. 35 . 51 L. 55 J. 101 Beckett v. (14 Q. Ch. 42 W. 152) . 48 L. (L. 146 . T. (17 Q. 57 L. 22 . 104 Board of Trade v. 3 Mor. J. R. 381 . T. 27 L. (19 Q. 69 L. Ch. 157) 38 Blankenstein v. . T. (17 Q. 716) 79 Bittlestone v. B. 187 . 2). In re (35 W. 42 L. R. 876. D. 46 L. 543 . 59 L. 199 . 417. 62 L. 444 . D. B. Cas. 561 .. 55 L. Bank. T. 488) ' . 258 . Bank. D. In re (1 Man. D. Q. R. In re (1 Mor. Q. D. 54 L. 53 L. 2 Ch. 183) 113 Bradbrook. T. J. J. Q. Ex p. R. B. 62 L. 21 W. 188) 86 Brail. B. 30 . 118 . 150 Booth v. R. . 278) 78 Brook. B. B. B. In re (25 C. 62 L. 734) 119. 50 L. Ch. 458 . R. J. 39 W. 1). R. 34 W. R. D. 64 L. 419 : 4 Mor. 457 . 231 . Offord (17 Q. P. 253) 128 Brooke. 720 . 303 . B. 570 . In re (35 W. 440 . 192) . 6 Mor. R. In re (1893. 82) 130 Brooke. . 53 . 71 L. 55 J. J. Robinson (18 Ves. v. R. J. B. In re. 8 Ch. D. 36 L. (10 Ch. Ex p. B. 39 L. 438) 87. 273) . .

T. B. Q. 690 . Kknnett (Cowp. In re (1892. 2 Mor. J. Matthews (11 Q. Entwistle (25 Q. T. 5 Ch. B.. R. 1 Q. Q. 342 . 57 L. In re (9 Mor. J. 154 . 31) 38 Clark. D. 61 L. 310 . Q. In re (1894. 981 . 197 . J. T. 250. 560) . 230) 148 Burden. B. 53 L. B. 719 . 806 . 5 Mor. 56 L. 29 W. Q. B. In re (1895. 66 L. Ch. J. 2 Ch. 708 . T. R. P. Hall. 289 . 155 Campbell. 94 Castle Mail Packets. In re. In re Lord Colin (20 Q. B. 8 R. B. B. J. T. (15 Q. 62 L. Carvalbo (4 M. 71 L. 424. 98 Carrard v. 63 L. R. 8 Ch. 32 W. 62 L. . 213 . J. B. B. 572 . Q. B. D. (12 Q. In re (21 Q. 43 L. 342 . 289 . 187 . T. D. 158 Clarke. 383 . 566 . 54 L. . 95. Q. 31 Clemsonu. 5 Mor. Townsend (1 C. 100 . 9 R. D. R. & E. 1 Man. T. 153 Budgett. I). B. 244) . 1056 . B. 823) 31 Cleaver. 2 Man. 896 . 166) 169 Burdett. B. D. Q. T. Meek (50 L. D. D. T. Q. R. D. 4 Mor. 65 L. T. 467 . 167) 52. XV PAGE Browne and Wingrove. '795) 87. 58 L. D. B. 281 . 89 Charlwood. 582 . 138) 68 Charlesworth v. 690) 65. 50 L. A. 289) . 231 . 71) 115 Briinner. 24. 59 L. 808 . . C. (15 Ch. B. Bank. R. D. 606 . 89) . 772) . 29 W. 77 . 348 . 43 . K. 61 L. J. 63 L. (36 Ch. B. Been (23 Q. 57 L. . 01 L. 345 . 152. R. 32) 100 Burnv. J. 847 . 66 L. Rawlings (18 Q. 61 L. 2 Q. J. J. In re (7 Mor. . In re. Q. J. R. B. 35 W. B. 860) . . J. J. J. . 56 J. 830 . Exp. 208 . 133) 54 Buxton. 149 . 42 W. 175 Chalmers. Ch. 56 L. 15 . 2 Q. 382 . 70 L. T. Exp. 557 . B. 35 W. (18 Q. 38 W. 593) 101 Clements v. 63 L. R. Ex p. 591 . Exp. B. 393 . Q. D. 628) 88. 386 . 2 . Exp. T. R. 40 W. 37) . 70 L. 36 W. B. 1 Man. 54 L. 15. R. B. 553 . 59 I. 42 L. 5 Mor. Q. Exp. 72 . 21 W. Byrne (20 Q. R. 204 . 35 W. B. 751 . 94) 20 Carpenter. Exp. T. T. 28 L. 418 . 57 L. R. Ch. 1892. T. Brown (1895. 643 . Mills (1892. 207) 72. 825 . 18 W. 56 L. 129 . 574 . 40 W. 587 . '418 . B. 36 W. T. 66 L. J. 662. B. 2 Q. 1 Man. 760 . 116 . B. 59 L. T. 132 . 56 L. T. 1 Q. 324 . B. 270) 148 Carpenter v. B. 418) 101 Close. 434) 27 Campbell. 131 Cadogan v. T. 816. In re (14 Q. 61 L. 42) 64 Child. 183 . 485. 498 . 2 Man. k C. 103 . 325 . R. R. R. J. Q. 420 . 40 Chinery. 36 W. In re (1891. 53 L. In re (19 B. 9 Mor. J. 1 Mor. Exp. 2 Q. B. B. In re (1894. 293 . Ch. In re (1894. (L. 255) 49 Bryant. D. 10 R. 344 . 852) • . . T. 61 L. 86 Campbell. 57 L. T. 551 . In re. 91 Cochrane v. T. 76 Burns-Burns (Trustee of) v. (L. 36 W. D. Exp. 41 W. 469 . 183 . 194 . 703 . 52 L. . 54. T. . J. 28) . 23 L. TABLE OF CASES. R. Q. R. T. . 1 Q. Q. 263 . 570. 43 L. J. 51 L. 489 . 23) 37 Burr.

26 . 226) 96 Cripps. 153 . R. T. R. 48 . Q. R. B. 50 L. J. 586 . 813 . Ch. 64 L. 409 . Q. 362 . Prichard (11 Q. R. B. 407 . Morley (1891. London and Westminster. R. 7 Q. 70 L. 641 . 206 . Kernot (L. T. 804) 93 Cock. B. (2 P. 63 L. . 59 L. 34 W. 376 . 500) 148 Cookson v. 36 W. 21 W. 227) .. T. 5 Mor. 79) 48 Crook v. . 760 . J. Co. 41 L. (19 Q. D. 41 L. 36 W. T. In re (14 Q. 41 W. T. [1894]. 138 Crawcour v. 35 W. 354) 178 Dann. PAGE Cochrane v. 7 Ch. R. 82 . J. D. 41 W. D. R. 3 Mor. 860) 34 Credit Co. 1 Man.xvi TABLE OF CASES. 158) 41 Dale. D. 54 J. D. 94 . B. B. 31 Colonial Bank v. 408 . In re (1893. B. B. Q. 44 L. B. T. Q. 36 W. 54 L. T. J. 56 L. In re (20 Q. 53 L. 65 . 705 . 80 . 30 . J. Ch. 7 Mor. 44 L. 526 . 92) . B. . 266 . In re (35 Ch. 653 . 262 . 742) 19. 5 Mor. 137) 25 Daintret. 59 L. 1 Mor. 368 . J. 1 Q. In re (1894. 221) . 63 L. . 24 . 316 . T. 790) 172 Cunningham. R. 341 . 29 W. B. 28 L. Moore (25 Q. B. 22 . 33 W. T. Cummings (21 Q. 2 Q. T. D. 57 L. B. T. 63 L. Rees (17 Q. &c. 5 Mor. J. 590 . 389 . B. 69) 29 Cohen v. Cas. R. 226) 36 Crispin. B. 472 . 106 . Bank. 610 . D. R. 326) 93 Crew v. 100 . R. 608 . T. 52 L. D. J. 511 . Salter (18 Ch. Ex. Q. 33 W. D. 483 . B. R. 491) 26 Cronmire. T. 5 R. Q. 20 . 80 Davidson i>. Q. 55 L. 20 W. 62 L. J. 62 L. 616 . 592 . B. 42 W. D. J. 473 . (13 Q. 54 L. 59 L. 17 . Whinney (11 App. Taylor (31 C. 59 L. D. In re (8 Mor. Q. J. 886 . 31 Collier. D. P. 690 . 343 . 426 . Ex p. Carlton Bank (4 R. Ex p. . J. 55 L. 1067 . 157 Cole v. B. 87 Cooper v. (L. 48 L. Pott (6 Q. 50 L. T. 10 R. 9 R. R. 14) 133 Cohen. Ill . 25 L. R. 79 . P. 116 . Q. C. 848 . T. 19 . 29 W. 69 L. . 63 L. T. 908 . 420 . 5 Mor. J. 42 L. 377 . 295 . 132) 97 Davies v. (L. 55 L. B. 169 . C. 31 W. 30 W. B. J. B. Isaacs (19 Ch. 1893. Ross & Co. 207) 73 Connan. 551 . 21) . B. Mitchell (25 Q. 417 . . 374 . 52 L. B. Q. 57 . R. 187 . 58 L. T. 10 Mor. B. T. 447 . T. B. 8 Ch. Q. D. B. 51 L. D. T. 834) 156 Cooper v. D. 281 . 418 . 69 L. 58 L. J. Bank. 40 Collyer v. D. 845 . . Harrison (1 Man.75 Crawshaw v. 53 . 67 L. 62 . J. 38 W. . 257 . 42 L. 573) 99 . B. B. Q. Q. 49 . 207) 72. 8 Mor. R. 641 . R. In re (20 Q. R. 34 W. 34 W. B. 59 L. (17 Ch. v. J. Zeffert (32 W. 707 . R. A. 34 . 38 W. R. Ex p. Ex p. T. 588 . J. Ex p. 2 Q. 534 . R. 302) 94 Counsell v. 65 L. Ch. B. Q. 472 . 45 L. 36 W. 342 . R. In re (21 Q. 30) . 57 L. Swire (9 A. W. T. T. R. 771) . J. J. R. 1 Q. B. 872 . B. B. 57 L. 89) 39 Cook. Q. 414 . 351 . 41 Crosley. J. R. 512 . 622) 95 Cowell v. . 246 .

522 . R. 138 . Ex p. 159 . J. 52 L. 25 W. Bank. P. Bank. C. R. 36) 5 Elliott v. D. T. 6 C. J. 446 . 71 L. 99 Davis v. Bank. Marcus (9 R. 35 W. 21 W. 8 Mor. 58 L. Corrie (4 Q. Cas. B. 291 . Q. 459 . 414 . 515) 68 Dowson. Burton (10 Q. In re (5 Mor. 463 . (37 W. R. 228 . R. 45 L. Q. R. B. . B. 35 W. 58 L. 32 L. 42 L. B. T. 79 . 63 L. R. 56 L. R. 508 . ■ . B. 389 . 4 Mor. 279) 157 Emden v. 384) . 70 L. 467 . 27 W. b . 56 L. D. B. . 690 . McHenry (L. R. 24) . P. D. 60 L. 199 . 295 . T. J. R. 37 W. 879 . B. Q. 1 . R. B. In re (7 Mor. 263 . Q. R. 36 W. 39 L. 61 L. Q. 297) 138 Duncan. B. J. B. J. 864 . 187 . 117 . 1) . . In re (40 Ch. R. 417 . 363 . J.B. 63 L. 19 Eq. 44 L. 46 L. 19 W. TABLE OF CASES. 49) . 585 . 587 . [1894] 1 Q. 130 Dawes. T. 281) 44 Eberle's Hotel v. 268 . 70) 95. Turquand (7 App. D. J. 538 . J. J. T. 10 T. T. Ch. 72 Dickinson. T. 4 C. 819 . J. . R. 34 W. R. Dig. In re (4 Ch. 61 L. P. In re Sneezum (3 Oh. 660) 65 Figg v. Duncan. 492 . 44 L. T. 74 . D. R. Megaw (L. 348) 39 Detmold. 63 L. 600) 68 Feast v. 32 W. 1 Man. 29 W. 636 . 51 . C. Ex p. 50 L. D. 70 L. 8 Ch. 636 . B. 49 L. 5 Mor. 11 Q. 528 . . R. T. (L. 331 . T. 344 . (L. R. J. 36 Dennis. 537 . D. xvii I-AfiR Davis v. B. 168 . 40 W. R. P. B. 94) 74 Dowling. B. T. D. Q. 278) 112 Edwards v. In re (19 Q. T. T. Bank. J. 689 . 57 L. 624 . 77 . J. . Ill) 40 Easy. B. T. R. Exp. 709 . 321 . J. T. 59 L. 157 Elmslie v. 404) 37 R. 37 W. Q. Ex p. 65 L. 39 W. 344. 28 W. J. Carte (17 Ch. T. D. In re (4 Mor. 776) . 462 . 288 . T. T. 2 Mor. D. Jonas (18 Q. 40 W. Goodman (5 C. R. R. 107 . 35 L. 337 . . Ex p. L. B. 549 . 62 . Q. Q. 128 . In re (10 Mor. 48 L. 169 . 66 L. 679 . 25 W. In re (21 Q. D. 161 . 20 . 712 . 423) . 27 L. 37 W. 768 . In re O. R. 180 . In re ([1892] 1 Q. 1 Man. T. 769 . 199) 26 Easton. 60 L. 96 Elderton. 232 .. 96 Davis. 21) . Moore (10 R. 103 . 409 . 59 L. . T. B. 6 Mor. 182 . 9 Mor. 203) 94 Field v. Exp. ([1892] 1 Q. 101. 240) 179 Duncan. P. 137 . 61) 138 Dutton v. Morrison (17 Ves. 125) 105 Dorman. 495 . 42 L. 24 L. 46 Dodds. 36 L. B. J. 39 . 55 L. 531 . B. R. Q. 82 Dixon & Cardus. R. J. R. J. 50 L. D. [1894] 2 Q. B. J. B. Ch. 681 . In re (22 Q. . 442 . R. Ch. 53 L. 559) . 23 W. 438 . Robinson (8 R. 286) 112 Ellis v. 40 L.

B. 27 W. 94 Fox and Jacobs. . 248) 127. 61 L. T. Q. 789) . . 133 Firth. 40 L. 188 . Exp. 18 Green v. Q. 149 . B. 57 L. 69 L. R. [1894] 1 Q.. D. 58 L. B. Q. (19 Ch. 56 L. 558 . 59 L. (12 Ch. 42 W. 57 L. 56 L. B. 119 . 85) 30 Graham v. B. D. 273 . D. 5 Mor. 42 L. 33 W. D. 1) 18 Gaze. D. 57 L. 191 . 28 W. 219 . R. 61 L. J. J. B. In re (9 Mor. In re (10 R. 58 L. 62 L. 484 . T. 58 L. T. B. 667. 21) .. T. 755) . 494 . 26 L. J. T. 118 . B. Q. Q. 707 .. Chapman (12 C. D. 369 . 2 Mor. T. 144) . B. . 30 W. Q. . Ch. 292) 151 Gould. (4 R. 41 L. • 112 Glegg. 3 Mor. Cobb (18 Q. B. Coulson (20 Q. B. . In re (21 Q. B. Tallerman (18 Q. 42) 42 Flatau. 740. Ex p. 744 . B. Q. Bank. J. R. 35 \V. (13 Ch. 85 . 22 . B. B. R. 101 Galey. D. B. B. In re Latham (18 Ch. 63 L. 267) 129 Genese. Ex p. R. 333 . Ex p. 41 W. T. 10 Mor. (L.132 Goldstrom v. 168 Graham ». In re (23 Q. 51 L. Exp. Q. In re . 636 . 645 . 90 . R. 37 W. Q. 56 L. J. R. 314 . D. 6 . 30 W. J. 62 . D. Ex p. 52 L. 253) 178 Games. T. T. 50 L. 762) . 442 . 0. Exp. (7 Mor. T. 36 W. 56 L. R. Ch. 54) 80 Gee. R. In re (7 Mor. 143 . 631 . D. J. 449 . 330 . 109 Gilbert. 100) 112 Gill's Case (12 Ch. 223) 85 Gillespie. 185 .B. 657 . 55 Ford. Fryman (38 Ch. B. 7 . 342 . J. B. 34 W. T. 930 . 70 Graves. . 74 . 468 . [1893] 2 Q. 28 Gardiner. 40 W. 1 . 48 L. B. 398 . 37 W. Q. 387 . Ex p. 1 . 569 . 215 . In re (24 Q. 41 L. B. . 55 L. 92 . B. D. In re (22 Q. T. Ex p. . D. D. 666) . 70 . B. J. 7 Ch. 711 . In re (16 Q. 66 L. J. 55 L. 65 . 101 Gould. 249 . 37 W. J. 529) 93 Fisher. . PAGE Fmley. 46 L. 283) . R.. 37 W. 569. 4 Mor. 8) 80 Flint v. D. T. R. ex p. 61 L. Q. D. Ch. 166 . 54 L. 31. 689) 99. D. 46 Fletcher. 16 . 438. 142 . 626 . 151) . Q. . J. J. B. (19 Ch.xviii TABLE OF CASES. Q. B. J. Oh. 57 L. 473 . 283) 40 Ford v. T. Barnard (22 Q. B. J. 68 L. 866 . 63 L. 56 L.. 529 .. B. J. 397) . (3 Mor. 671 . B. T. In re (19 Q. D. Kettle (9 Q. R. D. 2 Mor. 51 L. B. 134 . 38 W. D. 774 . 839) . J. T. 6 Mor. 29 Flatau. 692 . 56 L. 700 . J. 419 . 120 . 351) 109 Franks. . 51 L. Ex p. 83) . R. 79 . J. Marsh ([1892] 2 Q. 56 L. 798) Ill Furber v. 35 W. . Exp. D. 134) 76 Grant. T. J. 46 L. 93 . J. R. 45 L. Q. 35 W. 5 Mor. B. Q. 550. R. B. 1 . 963 . 934 . 28. 755 . 45 L. B. 56 J. 414 . T. 28 W. R. 202) 79. T. B. R. Furber (14 C. T. R. 139 . Ch. . 849) . (7 Bing. 36 W. 60 L. 27 W. 68) 99. T. R. 373 . R. R. P.17 Fryman v. (18 Q. In re (14 Q. T. 806 . 475 . In re. 480 . B.

696 . 24 W. 31 W. D. T. Q. 306) . Exp.. B. T. 52 L. 421 . 89 W. Ch. In re Cooper (19 Ch. 659) 79 Hardy v. 742 . 364 . In re . 58 L. 8 . 357 . B. 615 . J. B. 59 L. R. 50 L. 10 Ch. 1 Man. R. Bank. E. 165) 38 Haslewood v. 273) J 03 Harper. Q. 415 . 285 . T. 61 L. 46 L. 228 . 16 Helsby. R 732) 67 Hamilton v. R. P. 305 . 732 . B. (23 Ch. 36 W. 89 . 202) 33 Hall. E. Ex p. 42 L. 563 . 70 L. R. 404 . 60 L. E. 237 . TABLE OF CASES. E* p. 480 . 456 . E. B. Ch. 4) 18. J. Q. J. 2 Man. B. J. 580 . 288 . 59 L. T. B. . Q. 626 . [1894] 1 Q. 349) 148 Hall. 51 L. 6 Mor. 5 Mor. 156 Hecquard. 14 W. 94) 94 Griffin. (1 Atk. Ex p. 71 . B. Q. R. Harding (20 Q. D. 59 L. Exp. R. Ch. 59 L. In re (1 Man. . B. T. 843 . 117 . J. R. J. J. In re (24 Q. . 38 W. 265 . T. (20 Q. 79 . 42 W. 556 . J. 38 Grissell's Case (LEI Ch. {I Ch. D. (22 Q. J. (23 Ch. (L. 706 . B. 282) . P. [1894] 2 Q. B. Exp. 52 L. J. 546 . 450 . 48 L. 108 . B. 25) . T. 107 . D. 164 . 156) 152 Griffith. Q. Ex p. 3 . 361 . T. T. 742 . 26 W. 711) 28. R. Exp. J. (9 Ves. T. Jaokson (3 M. 4"9 . 175 Henderson. (37 W. 258 . 615) . 319 . 601 . 5 Mor. C. Ex p. . 273) . D.. 1 . T. 31 W. J. 47 L. Q. 6 Ch. J. R.. 782 . Q. In re (9 R. 71 . 58 L. J. Q. 39 L.. B. 48 L.. Ex p. B. Exp. Ch. 139 . Bank. T. 573 . 40 L. xix PACK Greenham v. Ex p. 38 W. T. Webb (2 C. In re (8 Mor. Exp.. 63 L. J. Q. Chaine (7 Q. 297 . J. 60 L. 5 Mor. 1015) . 90 Haywanl. Ex p. 13 . 105 Hawkins. 43 W. 36 W. 45 L. In re (37 W. 37 W. D. 21 . R 54) 101 Hattersley. R. 27 Heather v. 272) 59 Haioh v. Q. 41 L. 24 L. D. T. Bkcy. 25 W. 19 W. 29 . 39 W. 46 L. D. (12 Ch D. 218 . Q. 509 . 300) Ill Hall. 1 Man. B. T. 415 . 48 L. R. R. 70 L. B. B. 351 . 60 L. B. In re (13 Ch.. 58 L. 42 Heap)-. 549) 80 Hall. 403 . 42 Griffin. 878) 80 Grimwade. . 636) 75 Hauxwell. 138 . 528 . 63 L. 629 . J. R. Consolidated Credit Co. (8 Ch. Fothergill (13 App. 567 . 54 L. Robinson (15 Q. 835 . 495 . 717 . 778 . (17 Q. 14 . (25 Q. 52) 39 h 2 . 40 L. B. 44 L. T. 14 L. In re Whiting (L. Bank. 57 L. B. T. 28 W. D. 737 . 42 W. 67 Hallett's Estate. Blanc (9 E. In re ([1895] 1 Q. D. 179) 65 Hallas t-. E. J.. 619 . J. 43 L. Bank. D. 6) . J. J. 37 W. T. B. D. B. 33 L. 38 L. 555 . 58 L. R. 69 . Q. 278 . k W. B. 144 . R. 112 Gyll. 58 L. T. 833) 25 Hawkins. 3 Mor. 764 93 Hance v. D. . . 44 . 1). J. Cus. 166) . 598) 112 Hale. 87 . B. 426) 31 Hallett. 55 L. 113 . 27 . E. 63 L. Child (24 Q. T. B. 57 L. J. T. 33 W. 1 . B. D. Ex p. 253) . D.

T. 493 . D. D. 582 . . 172 . 786) 81 Holden. In re (9 Mor. . T. India Dock Co. 67) . B. 47 . 802 . In re (15 Q. 7 Ch. R. 358 . 973 . 576 . . 25 L. 51 L. R. 2 . J. 101 Hewitt. L. 191 . 89 Hobson. J. Q. 184) 85. 213) 90 Honey. 77 . . . 15) 30 Irbetkon. 95. Q. Baker (2 Sm. 37 W. B. R. N. 935 . 9 . 515. 302 . 52 L. 9th ed. 178 . Ch. 236 . 442) 130 Izard. B. 166 . J. 54 L. Marshall (10 H. 52 L. Cas. 519 . . Ex p. 163 . J. In re (38 W. J. 755 . B. Lovering (11 Q. 277 . E. 96 . 68 L. R. . T. J. D. 46 Hetherington v. In re (4 R. T. B. 253) 109 Herepath.. In re (16 Q. Tucker (39 C. 10 Mor. T. . 46 L. Ex p. 3 Mor. 9 Jnr. 49 L. 33 W. Ex p. Simmons ([1893] 2 Q. T. Q. R. 89 Hugging. 328 . 53 L. Q. 132 Horn. 517) IS Hill v. 118) . 27 W. B. C. 239) 38 Lsherwood. 41 W. 26 W. B. 19) 81 Hutton v. 57 L. D. T. Q. R. Q. D. Ch. B. 567 . Ch. 55 L. 78 Holroyd v. 409 . R. Q. Ex p. 53 L. D. 559 . 60 L. 67 L. 60 . B. D. R. D. 62 L. B. 632 . J. 391) . 20 W. Ex p. 195 . J. 73 Ide. . J. 55 L. B. J. D. 178) . B. Ex p. In re (3 Mor. . 35 W. 611 . Kipping (9 Q. 51 L. In re ([1895] 1 Q. J. 129) 104 Heseltine v. R. D. 59 L. 843). 48 L. T. 103) . & W. In re (22 Q. 7 Mor. B. 5t L. J. 99. 53 L. 368 . 43 W. D. B. 255 . 38) . 878) 70. 484 . B. 169). . R. 113 . 39 L. Q. J. B. 1 . D. T. & B. R. 51) 76 Horn v. 40 W. 754 . R. 547 . In re (33 Ch. 62 L. . 30 W. T. . 3 Mor. 55 L.. 38 . 92 . (9 App. 3 Mor. D. T. 690 . 85) . 51 L. 41 L. [1893] 1 Q. T. 55 L. (21 Ch. 159 . T. 1 Man. R. D. T. In re Punifrey (10 Ch. 2 Mor. B. 101 Hunt. 168 Hewitt. J. (L. B. B. 40 L. (8 Ch. D. 172) . 57 L. J. 51 L. 58 L. B. B. B. 213 . Ex p. Q. B. J. T. 52 L. Bank.XX TABLE OF CASES. 230 . 32 W. B. 7 L. In re (22 Q. (17 Q. 34 W. 463 . B. 402 . 223) 11 J Hopkinson v. 622 . Q. 728 .79 Hilton *. 448 . 752 . Ex p. J. Ch. 669 . 41 W. Q. 91) 26 Hughes v. D. 466 . 432 . 154 Hughes. 6 Mor. 72 Hugging. B. Ex p. 112 . . 100 Hester. R. 384 . R. 412 . . 48 L. B. 62 L. 55 L. Ch. 31 W. 32 W. 34 W. In re (20 Q. 398 . 475 . Q. T. T. 789 . R. 629 . 925) 131 Hillman. 47 L.. 948 . 67 L. B. J. 842 . S. T. Ch. PARE Herbert. In re ([1892] 2 Q. (22 Ch. 40 Hubbard. 207 : 60 L. 56 L. (17 Q. 206 . 476 . T. 65 L. R. D. R. 20 . 246) 87. 35 W. 228 . R. D. 36) 94 Hutchinson. T. Little (18 Q. 35 W. Cruttwell (1 E. 58 L. 6 Mor. Bkcy. 647) . In re Chappie (23 Ch. Groome (13 Q. 5 . 36) 100. 32 . of L. (13 Q.) 73 Howes. D. T. 218) 97 Jack v. J. 628 . . 85 . 490 . R. 370 . T. J.

62 L. 78 . 2 Mor. J. J. (51 L. T.25 Knight. 62 L. 145) 31 Kkarsley. 75 . 517) 87 Jones. 71 Johnson. 619 . 7 llor. 452 . T. 1 . (L. Exp. 29 W. 737. TABLE OF CASES. 138 . 669 . 28 W. 49 L. 26 . 220 . 274) 54. 52 L.449) . 20 W. 371 . 68 L. D. 193 . J. . P. B. In re (1 Man. . B. T. D. 44 L. D. 41 L. 9th ed. In re Jones (18 Ch. Exp. 373 . B. Cook (4 Ex. 193) . In re Blenkhorn (L. R. B. . 35 W. 19 . Exp. C. 46 L. P. 747) It) Jones. 27 W. D. Ex p. Andrade (5 C. 25 Q. Exp.. In re (21 Q. 18 Jay. 223) 79 Knightley. 171) . 50 L. 33 W. Ch. 17 . 42 L. 569 .600. Bl. J. 802 . J. 28 W. 589 . 384) . T. Q. D. 24 . D. 56 L. 10 Ch. R. . Willis. D. T. J. T. 505 . 429 : on appeal. 512 . 165 . J. 525 . 56 L. 7 Ch. 11 T. J. R. 609 . R. In re. 64 L. 48 L. 673 . Q. R. 105 Leslie. J. 520 . Cas. T. B. D. 57 J. [1894] 2 Q. 291 . 704 . 485 . T. Exc. B. Ex p. D. Ex p. D. Q. 34 "W. 63 . B. 714) 105 Liverpool Loan Co. R. . 189 . 471) . In re (55 L. Board of Trade (9 R. 315 . In re Barker (13 Ch. 11. T. XXI PAGE Jakeman v. Ex p. 245 . 42L. . Jan. 370 . In re (7 Mor. T. In re (23 Ch. 56 L. T. 636 . 38 W. 93 Johnson and Stephens. Ch. 4 R. B. 53 L. 395 . Exp. 31 W. B. Q. (16 Q. (L. B. 277) 16 Lee. B. 331 . Bank. (10 Ch. B. . 9 Ch. 373) 56 La Vie v.. T. . 847) 31 Learoyd. 71 L. 199) 113 Lamb. D. 41 W. 71 . J. 45 L. Q. 31 L. Ex p. R. 4 Mor. P. 46 Lickbarrow v. 32 L. 324) 33 Kilner. R. Linton (15 Q. 33 W. Inre Harrison (14 Ch. 53 L. 71 L. 50 L. . 157 James. D. B. B. J. T. 14 . 332 . T. (18 Q. 291 . Exp. 51 L. 269) 2S King and Beesley. B. Q. J. Ex p.. 766) . 43 W. In re (18 Q. J. T. Bank. Q.. 580 . 18 Lehmann. 39 L. & Ch. R. In re (12 Q. Exp. 4 Mor. 79 . 155 Kennedy. 3) . T. 529 . D.. 280 . B. 50 L. 54 L. L. 92. R. 75) . 48 L. Bank. 1 Man. 94 Laforest. T. R. D. J. R. 318 . 768) 35 . 740 . J. 214) 30. Ill) 150 Joseph v. R. Dig. 285 . Lyons (15 Q. . 28 W. 122 . 805 . 38 W. T. L. D. Bank. T. R.) 68 Linton v. 823 . B. 51 . 181 ) 38 Lennox. Chapman. D. In re (24 Q. 55 L. B. . 43 L. 27 L. T. D. R. J. In re (26 C.-45 . 239 . 570) 17 Lazarus v. Exp. Diprose ( [1893] 1 Q. 338 . Q. (2 D. 271) 42. . 423) 17 Kilner. Ch. 1 Man.. 3 Mor. In re (2 Mor. 109 . 54 L. [1895] 1 Q. 59 L. 782 . R. R. 30 . 216 . 54 L. 140. 59) 132 Johnson v. 27 W. 3 . 312 . 260) 97 Jay. . 23 W. (2 Dea. 732 . In re (15 R.T. 378 . 25) 175 Lamb. T. J. R. 43 L. Exp. B. 817 : affirmed. R. Philips (1 W. R. Mason (1 Sm. B. 48 L. 762 . 168 . 93 Kibble.

64 L. Green (15 M. 43 L. D. 429 . 265 . 44 . D. 25) . In re (14 Q. Peard (33 C. R. R. 55 L. T. 2 Mor. J. Dicker (6 Q. B. Q. 129) 56 Marsden. 182) 54 Madell v. 43 Mayer v. 42 L. 227 . 425 . 62 L. 26 L T. 550 . D. R. T. In re (21 Q. P. 28 . PAGE Llynvi Coal Co. 62 L. Q. In re (9 Mor. J. 37 L. B. P. 25 L. 28 W. 16 L. 115) 83 Luddy's Trustee u. 21 W. R. 55 L. 39 W. 227 . 5 Mor. 5 Mor. R. 105) 180 Load v. T. R. B. 505 . 57 L. (L. 889 . 5 Mor. R. 43 W. Q. E. Ex. 467) 17 Lovering. 207) . 174 Maughan. 63 L. R. 287 . 243 . Ex p. J. 311 . 21 . 9 Ch. 150 . 375) 16 Lynes. 575 . 63 L. D. 441) 29. 60 . 32 W. 19 W. R. In re ([1891] 1 Q. T. 43 L. 129 . 79 McCulloch. 20 W. P. R. R. B. In re (11 T. 150 . D. 60 L. 36 W. 433) 101 Mackintosh v. H. Peterson (L. 34 . 36 W. Q. T. B. 41 L. Ex p. 846.. B. Ch. J. D. 147 . B. Exp. R. 7 Cli. 106 . Merritt (34 W. B. B. In re (59 L. C. (14 Ch. Bank. 400) 93 Melville v. 24 L. 577 . J. 9 . . 54 . 8 Ch. 107 . T. 101 Maiden. 56 L.. 70) 125 Maude. T. 30 Lovell v. R. 621 . 124) 18 Mackay v. J. 59 L. R. In re Jeavons (L. B. J. 68 L. 152) 43. T. 18 L. 677 . 48 . 721 . 652) . B. B. 129 Maund. B. 15 W. 739 . Q. J. In re (18 Q. T. Stringer (13 Q. 2 Ch. T. 858) 76 Low. 84 . 137) 138 Lynch. Bank. 201 . C. 3 Ex. 774 . In re (4 R 416 . 128 . 53 L. B. T. 607 . T. 35 W. J. 622 . R. 45 L. 50 L. 16 W. 384 . Ex p. 40 L. 2 Man. [1893] 1 Q. Q. 33 W. . R. 45 McTear. T. 802. 856) . 43 L. J. 71 L. 6 C. R. 126 . 30 L. 485) 133 Mercer v. 56 L. 587 . 128 . 664) 90 McKay v. 57 L. 539 . 113 . 643 . Q. Buxton (I. T. R. D. . Ch. 22 W. R. & W. 251) 69. 828 . 139) 79 Lucas v. B. Q. 100 . Ex p. R. 716 . R. (L. 486) 29 . 58 L. 20 W.xxii TABLE OF CASES. 230 . Pogose ([1895] 1 Ch. 372 . 54 L. 488 . Q. D. 890) 100. 280) 87. 609 . 41 W. 884 . D. T. J. 27 . B.h (59 L. R. 41 L. 161 : 28 \V. . L. 185) 180 Martin. T. 487 . J. . 1 Man. Ch. 49 L J. Beauchamp (11 R. 39 W. T. R. (2 Ch. J. 68 . In re (21 Q. 482 . 694) 38 Lowndes. Bank. D. 35 W. J. 1 Man. 42 L. 549. 698 . Bank. 935) . 190 . T. 596 . J. J. In re (8 Mor. 43 W. [1894] A. B. R. Ex p. In re (14 Ch. 116 . Thomas ([1891] 1 Q. T. 60 L. (L. J. 24 W. 28 L. R. 4 Mor. T. 181 . 392 . R. 29 W. 14 Eq. T. 27 MacKay.. 5 . R. J. C. 215) 74 Lomax v. 29 . 101 Mercer & Moore. 148 Maugham. Douolas (L. 34 L T. 137 . 500 . 514 . Mindlevic. R. 50 L. 30 . K. B. 10 Mor.

438 . 188) 41 Norris. 33 W. L. 304 : on appeal. B. J. D. 4 Mor. In re (14 Q. 24 W. Q. (15 Q. 867 . T. Co. Official-Receiver (4 R. 352 . In re (19 Q. 222 . 260) 185 North. 579 . . B. 9 Ch. R 875) . B. Q. Elliott (16 Q. 469 . 2 Man. In re (Grissell's case) (L. Exp. 1 Mor. Q. D. In re Sadler (17 Q. D. R. R. 121 . 261) 104 Nickoll. 43 L. 552 . T. 40 W. T. 526 . 130 Parfitt. 88 . (1 Ch. 190 . 54 L. T. 376 . Q. 56 h. 3 Mor. T. 338) 100 Naden. Hf. B. 197 . In re (13 Q. D. 605 . 670 . 41 W. 25 W. 222 . 825 .. XXlll PAGE Miller. 54 L. 57 L. In re Miller (5 R. B. 30 L. K. 627 . 28 W. J. D. 233 . J. J. 56 L. R. R.. D. J. 768) 104 Nat. D. v. B. In re Haynes (15 C. 498 . 66 L. B. T. B. B. T. 40) 173 Montagu. R. Collier (25 Q. 68 L. 138 . Bank. J. T. Ex p. Ch. R. lb. 4) 82. 256 . Exp. 35 W. In re. 324 . 417) 37 North Central Wagon Co. 52 L. Bank. . In re (3 C. Q. 471 . In re ([1892] 2 Ch. 404 . 40 W. T. T. 16. J. B. R. Mer. . 260 . Ry. Q. B. 62 L. 575. 180) 152 Myers v. B. R 309) . J. 1015) 112 Page. 367 . 55 L. 139 . In re (5 Mor. 56 L. B. 401 . Exp.179 . 10 Mor. 93 Mutton. Delohbel-Flipo ([1892] 2 Ch. 751 . R. 58 L. 34 W. 38 W. Exp. Ex p.. 83 Overend. . Exp. R. R. Q. R. B. J. 102 . 5 . 728 . . (13 Q. 51 L. 207) 41 Official Receiver. 56 L. 29 W. B. 243 . 295) 72. Ex p. B. 743 . 19. 10 Mor. 428 . 61 L. 33 W. In. 35 W. 23 . T. 14 L. T. 56 L.. 264 . 40 . 54 L. B. 55) 80 Milner. 1 Mor. J. In re (11 T. 84 L. D. 42) 99 Moser. 802 . &c. 33 W. 843 . 244) . 52) 39 Moms v. B. B. B. 54 L. 44 L. 309 . 344) . 494 . 190) 26 Mittens v.. (14 Q. 1 Mor. 66 L. B. Manchester. B. T. Shrewsbury (21 Q. 323 . J. 42) 99 O'Shea's Settlement ([1895] 1. 71 New Land. 43 L. 93 . . 518 . D. 21) 108 Mills. Ch. D. D. R. 1 Ch. 325 . 76 Moore. 738 . TABLE OF CASES. Ex p. T. 279 . 166) . 40 x Miller. 42 . D. 61 L.. 528 . . 33 W. 64) . Foreman (58 L. R. Ex p. 53 L. 183) . T. D. In re (58 L. Q. 469 . 41 . 139 . 827 . 755) 88. 56 L. 6 Mor. (16 Ch. 132 Mumford v. 652 . D. R. J. B. Exp. Gurney & Co. 57 J. 492) 91 Morritt. 61 L. 56 L. Ex p. 871 . 554 . . Q. 5 Mor. (13 Q. 2 Mor. 277 . In re (23 Q. 716) . 93 Neal. 425 . 476) . re (18 Q. D. 22 W. 69 L. 522 . J. I). B. 35 W. T. D. 158 Newlove v. (14 Ch. Ill) 16 Norris. [1893] 1 Q. Q. 89 Oastler. T.. R. 395 . . T. (35 C.K.. 126 . Q. Ch. 56 L. &c. 2 Mor. . 33 W. 609 . Ch. 199 . B. J. (L. 37 W. T. D. R. 56 L. R. J. R. 287) . 277 . T. P. Q. 320 . 104 Newitt. Exp. 1 Mor. R. D. In re Morritt (18 Q. 89 Newman. 42 L. J. B. D. B.

[1893] % Q. In re (4 B. 688) 32 Pearson. Q. 392 . Q. 185) 16. . 10 Mor. 639 . 63. Bank. 656 . 69 L. 253 . R. R. 897 . 128 . 788 . R. 24 . J. (13 Ch. J. T. 755) 104 Pearcc. B. R. 63 L. 388 . 682 . D. 500 . Q. T. T. In re (4 Ch. 38 . T. [1894] 2 Q. Ex p. Q. 23 W. T. 304 . Q. 8 Mor. 585 . 367 . T. 53 L. 63 L. 2 Meg. J. 500 . R. 90) . 44 . R. Bank. Ex p. 28 W. ■ 34 W. Joannon (25 Q. T. 112 Popplewell. 62 L. Q. In re (No. T. Ch. 70 L. B. 400 . 46 . 224) 113 Read v. D. 337 . 204 . 34 L. T. 532 . 262 . 68 L. 104 Pearce. 104 Parsons. B. 118. 73 Pulborough School Board Election. 18 . 73 . 325) 9 Potts. 38 "W. 41 W. 1 Mor. Q. 532. (L. (10 Ch. T. B. T. 33 W. 830 . D. 70 L. Cas. D. Brearley (L. D. 47 L. . . 139 . Q. 187) 99. B. Ex p. B. Q. 366 . 48 L. 62 L. D. J. 147 . 68 L. 481 . J. Exp. (16 Q. B. 51 L. 544 . 682) 77 Pollitt. T. 274). 25 W. R. 329 . 49 L. 497 . B. 376) 92 Rabbidge. 52 L. Q. R. 28 L. 646) 84 Riimsay v. Ex p. Ex p. B. B. 433) . R. 734 . 365 . 1 Man. 21 W. B. 10O Pearson. 47 L. . 57 L. Clears (20 Q. 289 . 98 Prescot. 52) 82 Pratt. 796 . B. 42 W. 261) 77 Player. R. T. (1 Gl. J. 2 Q. B. 132) .xxiv TABLE OF CASES. In re (9 R. 55 L. 8 Mor. T. T. Margrett (9 R. 55 L. T. D. B. 432) . 8-Ch. R. 10 Mor. 648: 4 R. 244 .. J. . B. 40 W. In re (18 Q. 101 Parsons. 275) 101 Real and Personal Advance Co. J. 266 . 34 W. 61 L. R. hire Storey (21 C. D. 74 . 184) 87. J. Jones (8 Q. Bank. R. Q. 130 Prout v. J. . D. & J. B. In re (4 R. R. R. Q. T. . 94 Postmaster-General. [1893] 1 Q. 663. 466 . 667 . 35) . Bailey (3 App. J. 3 Mor. [1894] 1 Q. 270) 29 Player. 276 . 777 . 40 Peat v. 148 Bead v. Bank. T. B. 294) 17 Read. B. 572 . 3 Mor. B. J. 696 . 367 . 610) 99 Reed and Bowen. 15 . Ex p. 742. B.152 . 63 L. Ashby (56 L. 36) 90. 281 . In re ([1893]. 1 Man. Exp. In re (39 W. J. D. 61 L. J. 42 L. 49) . In re Field (63 L. 2) (15 Q. Exp. 48 L. J. B. 117 . 1) (2 Mor. . 404) . 685 . 26 W. Exp. R. 725. Ch. 42 L. B. . 41 W. 137 . 27 W. In re ([1892]. D. 387 . B. 164 . Q. 305 . R. 395 .T. . . 244 . 62 L. D. 112 Perrier. B. T. (8 Ch. 374 . T. . In re Williams (25 Ch. 393 . J. 153) . J. 236 . 41 L. PAGE Parrett. 88 Ramsden v. 475 . 84. 44 L. (37 W. . R. J. Q. 229) Ill Price. . Ch. 161 . 263 . T. 37 L. 59 L. R. Exp. In re (No. 9 Mor. T. Ex p. 122 . R. D. 8 Ch. (1 Atk. 36 W. . 1) 117 Pryce. B. . 407 . B. 147 . 777 . (L. 62. 78 . 7 Mor. 67 L. 513 . B. . 109 . 41 W. 1 Q. 93. R. 455. 30 W. B. (17 Q. 468) 96 Peacock. J. B. R. 53 L. R. 21 W. 63 L. 32 W. J. 510) . 28 L. 38 W. D. . 10 Q. R. 58 L. 59 I. 36 L. 38 L. P. B. 595. v. Gregory (24 Q. 60 L. 32 L. 172) 19 Pulbrook v. 94 . 58 J. T. Ex p.

Exp. 85 . 173 . R. 46 L. T. T. B. J. 140 Roberts.. 420 . B. J. T. 58 J. D. R. R. 230 . Collins (10 R. . 963 . (20 Ch. 70 Rolls v. Q. In re Butterworth (19 Ch. 71 . J. 329 . R. Q. C. J. 747 . 52 L. 682 . 196 . 53 L. v. B. 660 . D. 1 Man. B. 102 . . 54 L. Peters (16 Q. Q. T. 45 Rogers. 545 . 5 Reynolds. 591 . Exp. 324) . J. 597 . 54 . Exp. 528 . In re Hawes (19 Ch. 876 . 277 . B. C. 176 . 56 L. 756. Ch. 230 . 33 W. 816 . D. Ch. 692 . 387) 68. 32 W. C. In re (8 Mor. 43 W. T. 545 .. «68. R. 192 . D. B. 33 W. 34 W. T. Ch. 477 . . 782 . 54 L. (16 C. T. 171) 257 Sadlkr. T. . 143. Ch. 92 . 29 W. T. Miller (27 Ch. R. T. 671 . & E. J. 52) 93 Kose v. M. (19 Ch.. B. v. Q. . 342 . ([1895] 1 Ch. In re (15 Q. D. 1 Man. 54 L. 70 L. B. 44 L. 522 . 93 Bidgway. B. B. 51 L. 399 . Bank. 460) 29 Russell. TABLE OF CASES. 509 . B. 48 L. 2 Mor. 9) . 53 L. 268 . (15 Q. 647) . 174 . . D. 720. 521 .. 134 . 38 Schofield. 1 . 49 Revell. 30 W. 526 . 812) . T. J. 178 . 281 . 31 W. 749. 97 Sandwell. 1 . D. 4 Mor. R. 63 L. 34 W. Dyson (10 R. . R. 323. Exp. T. 124) 74 Rhodes v. B. J. B. 33 W. 2 Mor. 37 L. T. J. 2 Q. T. Q. 42 W. T. J. 55 L. 16 L. 656 . C. D. 522. 51 L. 124 . 54 L. 30 W. 53 L. B. 82) 69 Schmitz. 36) 158 Reg. Ex p. D. . J. 176. Ch. J. 112 . 584) 79 Ryley. B. Exp. 46 L. 32 W. D. 67 L. . D. R. 68) 7 Reg. 37 W. 95) 130 Sanguinetti v. R. Ch. B. . T. fi. 597 . 158 Reg. 715 . J. 107 . Stuckeys Bk. In re ([1892] 2 Q. Q. 240) 22 Richardson v. B. 425 . B. 65 L. R 187) 85 Reynolds v. D. D. B. R. [1894] 2 Q. 544 . 98 . Dawson (16 Q. 672) 91 Reg. 501 . 32 W. B. 51 L. 175) . T. 45 L. R. Q. B. In re (14 Q. 283) . 35 W. (12 Q. 482 . J. B. Judge of Croydon County Court (13 Q. D. 56 L. D. 98 Sartoris. M. 636 . 588. B. 33 W. In re ([1892] 1 Ch. 33 "W. B. Ch. . D. 2 Mor. J. XXV PAGE Heed and Bowen. B. 55 L. In re. D. E. Exp. 392 . In re (36 C. 51 L. 1 Man. 46 L. K. 236) 72 Rogers. v. Q. 173) 133 Saffery. Exp. 354. 53 L. Exp. Bowley (L. 15 W. R. 548 . J. 105 Reynolds. Haycock (1 A. P. Barlow (12 Q. In re (6 Mor. 806) 7S Rolph. v. J. 201. 54 L. 448 . D. 426) . T. R. R. 902 .. J. D. 225) 175 Eeeves v. 38 "VV. Q. 26 W. 63 L. B. T. Registrar of Greenwich County Court (15 Q. D. 70 L. In re (19 Q. 50 L. 51 L. 51 L. 53 L. . 379. 727 . 36 L. Ex p. D. 960 . 54 L. 2 Mor. B. (6 Ch. 83 W. T. B. (12 Q. (22 Ch. 40 W. 113 . 9 Mor. 61 L. 469 . 294 . 474 . 436 . 877 . 508 . T. R. 61 L. [1894] 1 Q. .. 147). T. Exp. J. R 154) 78 Sari. 289) 83. 263) . Q. 88 . 59 L. R. 553) . 122. 169. Harris (22 Q. 952) 89 Robinson. B. 31 W. 11 . 30 W. J. R. 16 Cox. 50 L.

Q. . . Bank. 525 . . 93 Scott v. 63 L. 674) 76 Sneezum. 35 L. Ch. J. Hardinge (7 Q. 32 . P. 8 Ch. 42 W. D. Exp. T. 45 L. In re [1891] 1 Ch. R. J. 43 Sharp* v. 919. PAG iiihofield v. 8 Mor. 36 W. 59 L. 760) 94 Sheen. Bank. In re (3 Ch. 478 . . J. T. 285. T. R. 767) 62 Skegg. 53 L. (L.17 Stamp. T. J. (1 Gl. 409 . 786) . & Ad. 748) . J. 49 . nam. 1 Man. [1894] 1 Ch.. 257 . 259 . 51 L. K. 686 . . T. 345) 18 Standard Manufacturing Co. 652) 65 Sedgwick. Higgs (15 Q. 673) 127. Q. 101 . R. 560) 80 Sibley v. R. D. N.. Q. 375 . (8 R. 42 L. 7 Ch. 39 W. 22 W. l'orcher (3 Mer. 131 Smart. T. 270 .xxvi TABLE OF CASES. 524 . 90. (L. 44 L. R. B. J. R. Ex p. R. (L. B. 120 . 157) 91. T. 728 . 367 . B. 58 I. 69) . 99 Sharp. B. 30) 41. 9 Ch. In re (10 R. 839 . B. J. Ill . 2 Meg. (54 L. 1 Man. Ex p. 62. Hepburn (25 Q. B. 70 L. 107 . 715) 175 Siggers v. B. R. T. R. 262) 89 Seed v. 214 . 50) 74 Sparrow v. T. 64 Sinclair. 54 L. 28 W. 146 . D. 242 . Bradley (9 R. R. 137 . B. D. 894 . J. Bank. 171 . • . R. 246) 134 Smith. 83 W. J. Q. 27) 17 Si ackman. 389 . 463 . 367) . 31 L. T. 101 Sidebotham. 659 . R. 433 . 378) 92 Smalley v. J. 70 L. . J. P. Tarbuck (62 L. 29 W. In re.. 45 L. J. B. 157. Ex p. Winder) (1 Oh. J. B. B. Bank. 627 . 309 . 64 L. 39 W. J. 57 L. Q. Q. Q. 619. Provincial Bk. R. 34 W. 319 . 147 . R. R. 163 . 153 Small v. . [1894] 1 Q. 65 Sillitoe. In re . . 38 W. 462) . B. 849) . 22 . 1 Man. Evans (24 L. T. 7 Mor. In re (25 Q. 28 L. (14 Ch. [1894] 1 Q. 60 L. 20 W. B. 5 K & B. 72 . In re (5 Mor. 67 . B. 492 . . 418) 101 Stanford. 220 . 59 L. B. 26 L.. 88 W. GO L.. In re (15 Q. & J. 788. 458. 536 . T. 387 . 42 W. Exp. B. R. 131 Schultc. Q. S. 567 . 621 . T. 42 L. T. 507) 99. . L. In re A (25 Q. 1197) . Collins ([1895] 1 Q. 503 . 59 L. B. D. J. 21 W. Q. 550 . . B.. 39 W. 533 . Topping (5 B. 83 Scobie r. 34 W. 549. 30 L. 100 . Q.. . J. B. 49) 130 Snowball. 25 W. B. B. J. Ex p. 616 . 63 L. 238) 49 Soltykoff. 55 J. 63 L. Q. 237) 66 Smith. 55 L. B. 554) . 682 . B. B. D. 62 L. 286) 17 Scott v. 9 Jur. Ex p. T. 744 . 43 . 546 . (»ec Exp. 292 . Birch (8 Q. 337 . 59 . 487 .. B. 17 . 341 . JfeSankey. B. T. B. T. Ex p. R. 63 L. 305 . D. Miller (12 C. 41 L. 554 . Exp. T. 43 W. 206) . B. J. 100 Smith v. J. J. T. Hincks (37 W. 894 . Morley (20 Q." 83 Solicitor. In re . 382) 14 t Simonson & Co. 54 L. In re [1891] 1 Q. D. 7 Mor. 50 L. 369 . Ch. Carruthers (2 W. D. T. Exp. 240) 81. 8 Mor. D.. R. D. 4 Mor. B. Q. T. 41 . R. Q. 49 L. 63. 70 L. (17 Q. 477) . 62 Spackman v. 413 . R. 74 . . Ex p. Ex p. Foley (24 Q. 57 L. C. D. 60 L. R. 63 L. 62 L. (De G. Nat.

R. (L. J. B. B. B. B. 506 . 22 L. B. D. B. 136) 132 Str. D. R 543) 97 Tailby v. R 148 . 417 . 380 .. 210 . D. Coenen (1 Ch. 838 . 209) 9. 272 . T. 408 . 116) . T. D. Ex p. TABLE OF CASES. 56 L. . 351 . B. B. R. 61 L. J. 38 W. (20 Q. 58 L. Bank. 574 . R 200) . 98 Tucker. 48 L. J. J. 35 W. 47 L. R 353 . 41 L. Q. D. 110) 80 Universal Banking Corvohation. . 39 . 366 . 195) 80. 55 L. T. 60 L. Q. 512 . 219) . 60 L. B. 281 . T. In re (19 Q. 66 L. T. 342 . 47 L. T. B. Cooper (9 Q. . 548 . 57 L. In re (59 L. 505 . J. B. . 34 L. B. Board of Trade (11 App. 416 . 28 W. R. 66 . 636 . 93 . 523 . 65 L. 870) 132 Todd. 562) 67 Thomas. Ch. . R. T. T. 53 L. 88 . Ex p. Q. 30) 123. 722 . 36 W. B. Pannell (24 Ch. Bkcy. B. 61 L. Q. B. 48 L. J. 61 L. B. 5 Ch. (L. 39 L. 55 L. Ex p. J. 758 . 7 Mor. R 735 . Bank. Exp. J. 60 L. D. D. (37 C. 109 Tittei ton v. R 513 . 56 L. 264 . 99 Tuck v. 118 . Exp. 473 . 213 . 286 . 127 . 12. T. T. 6 . In re (21 Q. 309. 472 . 12) 75 Turquand v. R. 431) . 36 W. 20 W. Ex p. 28 W. 644. J. Exp. D. D. 573 . 39 W. 295 . 440 . B. 51 L. 216 . Bank. 37 L. J. Cas. 194 . Q. 5 Mor. T. R. T. Exp. J. 33 W. 62 L. T.1 32. R. (35 W. Cas. B. (7 Ch. J. Southern Counties Bank (42 C. 53 L. (14 Q. T. 98 Tidswdl. Saffery (3 App. . J. J. 36 L. D. (see In re Smith) 100 Taylor. T. D. Q. 57 L. D. T. 447 . Corsbie (20 Q. 41 h. Searles [1891] 2 Q. R. 352 . In re Ashcroft (19 Q. T. 26 W. In re Grason (12 Ch. 11 . D. etc. Q. 11 . 59) Stray. In re [1892] 2 Q. T. J. 341 . 57 L. J. In re (L. Ch. 437 . 22 . 613 . 271 . Greenside. 13 Eq. J. Kelly (13 App. 26 W. T. T. 70) 98 Tarbuck. 46 L. Exp. 475 112 Usher v. 7) 26 Start. xxvii PAGE Stephens. 37 L. D. J. 31 W. 2 Ch. . 4 Mor.ithmore. 205) 109 Taylor v. 374. B. Q. Exp. 128 . B. 129 Thomas v. J. 37 W. 36 W. J. J. R. Cas. 342) . 1 Mor. T. R. (13 Q. B. 636 . " 109 Turquand. Official Receiver (13 App. 259 58 L. Q. 692) 95. D. 56 L. 219) . 144 Tweedale. 471 . 583 . 308 . 778) . 59 L. R. 4 Mor. Ch. B. B. 114. 58 L. R. 62) 70 Topham v. B. 9 Mor. 66 L. R 669 . Bank. 118) 21 Taylor. 16 Tuff. 59 L. 186 . (12 Ch. 77 Tomkins v. Q. 350 . 18) 27 Taylor *. J. . B. . 37 W. 54 L. R 532 j 57 L. 159) . 5 Mor. 25 Swift v. T. Q. Q. J. Exp. In re Goldsmid (18 Q. 492 . 18 W. Martin (24 Q. Q. 58 L. Exp. . 57 L. D. 351 . 100 Thomas v. 66 L. Q. 58 L. 567 . 162) 31 Tamplin. & S. Q. 274) 91 Topley v. 2 Mor. Co. D. B. Plumer (3 M. B. 81 Taylor. 579 . Q. 35 W. 219 . B. Cas. 99. J. R. 233 . 75 .

Q. 56 L. 55 L. 3 Mor. D. 1 Mot. In re (9 R. 27 . 339 . B. 68 . Q. etc. R. 118) 55 Whinney. 279 . 38 . 848 . 71 L. 528 . 1 . 45 L. R. 48. (L. 523 . 200 . Bank. . R 308 . Q. 561 . 112) 41 Walton. D. 27 L. J. In re (22 L. R. 78 Vaughan v. 327. T. 69 L. R. (8 Ch. Ex p. 6 Mor. Exp. B. R. R. 9 Ch. 315) 76 Wardley. 790 . Ex p. (L. Q. 395) 131 Ward. 657 . J. (4 Ves. 177) 101 Watson. J. 364 . 26 W. 32 W. B. . 61 L. 24 W. 9 Mor. J. 28 L. B. B. 244 . 161 . J. R. 62 L. 1 Mor. ■ 98 Walsh.. 53 L. B. 394 . 592 . T. J. 502 . 288) 70 Wemyss. K. R. B. 416) 80 Vitoria. T. 529 . Exp. 76 . 313 . Halliday (L. 56 L. R. Q. 60 L. In re ([1894] 1 Q. T. 10 Mor. 45 L. 53 L. Ch. 141 . 209) 87. Ex p. B. R. 30 W. . B. 48 . 54 L. 157) . 173 . T. J. 2 R. 35 W. 2 Mor. 386 . 536 . 41 W. •21 W. R. 2 Mor. 38 L. R. Goldmann (16 Q. 54 L. Bank. 46 Wenman *. T. T. Q. 50 . J. D. J. 632 . 1002 . 377 . 895 . 1) 175 Wadlino v. 05 L. 1 Man. 192 . 145 . T. B. Ex p. D. (17 Ch. 8 Ch. 439 . 512) 41 Walker. B. 272 . B. • 21 W. R. 63 L. Ill. [1894] 2 Q. : In re Grant (17 Q. R. 694 . D. . 644 . 41 W. 8 Ch. 41 W. 116 . D. R. In re (2 Man. 59 L. 38 . T. Lyon [1891] 2 Q. 55 L. 259 . B. 681) 112 Watkins. Ex p. 59 L. In re (67 L. Bank. Q. T. J. 68. 3 Mor. J. 39 W. 746 . 33 I. Exp. In re (18 Q. 286 . 87 L.. Ex p. 142) 3 Washington. 121 . 280) . R. 1 Man. R. 816 . Q. .. Evans (18 Q. R. T. 144 . In re (25 Q. B. 482) 69 Vingoe. Bank. 25 W. . B. Ch. J. 80 L. 33 W. 233 . T. B. J. 42 W. . D. 95 . Olipiiant (1 Q. [1893] 2 Q. 30 L. 1 W. 35 W. Exp. J. 795 . 62 L. 837 . 7? Vansittart. 193 . R. R. 136 . In re (24 Q. T. 567 . 77. T. R. B. 320. D. 209 . T. B. (6 Ch. 68 L. 68 L. R. B. (L. 34 W. Q. 90 Wayman. (15 Q. D. Co. Q. T. 238 . . 56 L. 421) 16 Whinney. Bank. 34 W. 236) 42 Vitoria. 88 W. T. R 572. Ex p. T. 22 W. 793 . 886) 66. 373) 113 Walker. 246) . 9 Ch. B. In re (52 L. 50 L. In re Sanders (13 Q. 71 .xxviii TABLE OF CASES. 663 . B. 53 L. R: 530) 75. 185) . J. D. 881) . T. Q. 27 . J. R. T. J. 17 . D. 42 L. 845) 66 Warren. Bank. 397) 36 Vine. . D. . T. B. 22 W. 76 Watkins v. Ex p. B. B. 105 Waring. 730 . 496 . 47 L. B. 42 W. 519 91 West. 323 . In re (1 Man. 38 W. 476. 70 L. In re ([1893] 3 Ch. 2'72) 126 Webber. (13 Q. 32 . 43 L. In re (2) (5 R. 95 . 887 . 44) . 67 Villars. T. 42 L. 963) . (19 Ves. • 68 Waite. PAOK Vansittakt. 280 . 63 L. J. J. 249 . 60) 134 Walrond v. B. In re (1 Man. 28 .

742 . R. Ch. 1 Mor. T. 57 L. 467) 26 Wright. Ex p. T. T. 114 . 188 . T. 213) 41 Wood. Waud (. 8 Ex. Bank. 48 L. J. Ex p. 57 L. Ditton (3 Ch. 48 . B. In re (L. T. 5) 19 Witt v. J. J. 238 . T. Q. T. (1 Ch. In re (2 Mor. Exp. 610 . D. 68 L. (22 Ch. In re (1 Mor. 446 . 24 W. Li re . Bank. B. 510 . D. (13 Q. 35 L. 201) 38 Woods. TABLE OF CASES. 788 . 89 . T. 59 L. 685) 30 WinterViottom. 31 W. J. In re (3 Ch. 36 W. 753) 104 Wolstenholme. Sheen (1 Ch. 302 . Ashcroft (47 L. Ex p. 290 . 774 . 649) 30 Winder. D. Q. 514 . 62 L. 45 L. 57 L. D. D. J. 773 . In re (18 Q. 560 . 459 . 1008) 133 Woolstenholme. 112 . 70 . 4 Mor. 21 . 50 L. 7 Ch. 747 . T. J. 34 L. On app. T. 977) S-i Yates. T. D. [1893] 2 Ch. 41 L. 337) 94 Young v. 45 L. 966 . 47 . sub Horn. 1 Mor. E. 32 W. 77) 124 Whitley. J. 113 . 221) 32 Zappeut. In re (50 L. 56 L. Exp. 72) 130 .22 L. 149) 19 Whittaker. B. 8 Mor. 34) . 56 L. 24 W. R. 141 . J. B. 45 L. 14. J. 53 L. T. 403) 28 Woodnll. Bank. Thompson (1 Esp. 479 . J. R. R. R. 21 . 697 . Gullick (3 R. In re (65 L. 36 W R 563) 92 Yates v. R. Ch. 67) 29 Wilkinson. 26 L. 27 . 45 L. 851 . 52 L. Xxix TAOE "White. 130 . In re (4 Mor. Banner (20 Q. 657 . Ex. Bank. D. Bank. D. 141 . 258) 33 Worsley v. J. 98 Wolmershausen v. 115 . B. Ch. 33 L. 615). 24 W R. D. T. 20 W. De Mattos (1 Burr. J. 36) 45 "Whitwell v. Ch. In re (1 Mor. In re (38 C.

.

103. 138. 143 31 158. 116 24 . . . . 176 S . 57. . . . 44 47 . 117 29 . 156 67 . . . .64. 143 30 . 58. 55. . MAY BE FOUND SECTION PAGE SECTION PAGE 1 . 15. . 105 3 . 2. . . . 48. . 45 46 . 120 61 . 86 15 . . 109. 79. 155. 60 72 . 45 50 . . 126. . . '. . 15. 134. 45. . 177 37 . 110 6 . . . 102. 140 59 . 179 21 . 82 13 . 150 65 . 164 12 . 36. 21 70 . 1 38 . 69 16 . 146 . 148 1 22. 110. 62. 106. 139 28 [Repealed] . . 40. . 154 66 . 44. . 77 11 . 176 74 . . 43 44 . 49 52 . 127—129 19 . 20 69 . 35 10 . 42. 50. 116 23 . 116 22 . 1883. . 120 62 . . 144 33 . . 117 26 . 178 49 . 76. 107. 56. 116 25 . 70 17 . 55 57 . . . 20. 1. 55 56 . 117 27 .60 . 119. 45 51 . 73 8 . 22 42 . 61 7 . 25—41 41 . 145 34 . . 58. 123 18 [Repealed] 55 . 145 35 . 176 58 . . 137 20 . 21 71 . 59 . . . 172 68 . . 84. . 48 54 .47. 126 36 60 73 . 81 9 . . 43 45 . Ill 2 2 39 . . 7. 23. 44 48 . 120 63 . 9. 09. . . 2 40 . 144 32 19. . 45. . 67. 125. 24 43 .119 53 . . . 144. . 3'i. 135. . . . 85 64 . TABLE SHOWING WHERE THE SECTIONS OF THE BANKRUPTCY ACT. 124 14 . .

• ?si S8I ' • • xi 88 ' ZSI 981 • xi 68 • " ' OH Z81 ■ • • XI 06 .8ZI 611 • " " 01 Z9I • • • szi OSI ' 01 891 E ISI • • .'81 H SSI .' 9H 6H • .6SI 691 • .9H tsi " 81 ZZ • ' " 9H SSI • '801 991 Z91— 8Z .'81 691 SOX 1 ■ 1 '8 6 OSI 6 801 • • 'fZ '19 891 ISI ' • ■ ■ s T-OX • ■ • izi B9X ' '8t 601 SOX • " 'ox 'Of zzi 8SI ■ • ■ s 90X ' ' ■ st tsi • SH ZOX ■ " ' 8* SSI • • • SH 801 " 8fr 9SI • sti 60X ■ ■ ■ ft ZSI • • ■ SH Oil .'OH IH 881 • n 16 • • • • • IH 681 • ■ • sa S6 ' • • s'* OH '11 Zl 86 • ■ • z IH • ■ • zi f6 * SH • si Sti • • 's ze 8H • 96 S HI 'si si Z6 • ' ■ • • 9 SH • ■ ■ fs 86 8 9H • te 66 • • • ■ ■ I ■ ■ izi 001 9 8H '81 '61 6H XOI • .S81 8SI • " • • '81 61 9Z ' " .981 ZSI • • ■ ■ s'z 08 " 981 8SI 'Z '9H III 18 ' • • zsi 6SI ' ■ 'Z 9H S8 .6H 851 " SH III ■ ' .191 891— ozi g .nxxx aiavi AO •SNOIIDaS NOLLO'dS nova xoiioas MDVd sz " ..Z81 9SI • si 6Z • ' .6H 891 ■ ' • 691 9XX • 9 m • SZI (•«) III • . 'IH *SH 9ZI 081 ' BH 88 ' • ■ • ■ SSI 181 • • • 9H f-8 • SSI SSI 01 S8 ' ■ ' SSI 881 ' • • oi 98 • '5SI '8SI 9ZI X81 '01 II Z8 • .6H 6SI • " ' SH SH " 'ZH 8H 091 • SH 811 • • • ZH 191 • • • sh HI ' ZH S9I '8 'en 'hi ezx SIX • " . 6 S9I • ' • sa 8X1 6 991 .

168 6 59 22 49. 102 19 123. 58 21 85.24. 38. 81. . 61. . . TABLE SHOWING "WHERE THE SECTIONS OF THE BANKRUPTCY ACT. MAY BE FOUND.46. . 23. 50 3 . . 57 20 . 137 2 48. . 176 4 56. SECTION PAGE SECTION l'AUE 1 . 1890. . 82 27 85 12 34 28 110 13 133 29 [Bepeal section] 14 143 30 1 15 125—127 31 1. . . . 164 5 57. 34—37.22. . . 21 25 146 10 156 26 169 11 . 51—55. . 39 17 136. 183 7 41 23 109 8 150—154 24 11 9 20.B. 2 16 136 B. 49 18 49.

(Latin abbrev. R. B." refers to the B. 1883 The Bankruptcy Act. 1883. Cf. A. or Rs Bankruptcy Rule or Rules. unless where it otherwise appears. unless where it otherwise appears. 1890. 1890 The Bankruptcy Act. A. A. or Ss Section or Sections of the B." or "The Principal Act. "The Act. A. 1883. . S. 1883 B. LIST OF ABBKEVIATIONS.) Compare.

52). and economical manner. 1891 (c). c. and it has now been amended in many important respects by the Bankruptcy Act. 3. equal. except where it was otherwise provided. c. and has not been guilty of any fraud or misconduct. 1890 (53 & 54 Vict. a creditor's remedies against other debtors being such as are afforded by the ordinary procedure of Courts of justice. secondly. when he has made a full disclosure and surrender of his property. and. 1883 (b) . or are deemed to be so. B . therefore. THE PRINCIPLES OF BANKRUPTCY. from and immediately after the 31st of December. and came into operation. 1890. A. The bankruptcy laws are only applied to such debtors as are insolvent. s. The Act of 1883 may now be referred to as the principal Act. 71). (c) B. the distribution of the debtor's effects in the most expeditious. be to combine and regulate two great objects: first. contain ing. (i) S. suc ceeded that of 1869 (a).B. and the two Acts. R. The Bankruptcy Act. 30. may be cited collectively as the («) 32 & 33 Vict. which came into operation on the 1st of January. The law and practice in bankruptcy. naturally form a special subject of study. c. which are to be construed as one. as they do. 71. i. his release from the demands of his creditors. 1883 (46 & 47 Vict. INTRODUCTORY. many provisions and rules different from those that govern the enforcement of his rights by a creditor whose debtor is solvent. CHAPTER I. The chief aim of every system of bankruptcy law should chap.

interest. and for the purposes of such union and transfer the Judicature Acts are to be read or construed with the Bankruptcy Act (e). 3. The sections which came into operation on the passing of the Act. need not be dealt with specially here. land. s. chap. 1883 (/).e. unless the context otherwise requires— Interpretation " The Court " means the Court having jurisdiction in bank ruptcy under the Act : " Affidavit " includes statutory declarations. . 1883 and 1890 (d). In this book the word " Act. (/) S. personally or by proxy. &) S. 93. 2.2 THE PRINCIPLES OF BANKRUPTCY. i. means the Act of 1883. also. easements. and profit. and attestation on honour : " Ordinary resolution " means a resolution decided by a majority in value of the creditors present. except so far as is expressly provided. s. A. (e) S. 162 and 170. 1890.. the Jurisdiction of the London Bankruptcy Court is transferred to the High Court. present or future. goods. vested (d) B.168. 153. obligations. They were ss. applicable to Scotland or Ireland (g). 31. things in action. 66. By the Act the London Bankruptcy Court is united to the Supreme Court of Judicature. i. at a meeting of creditors and voting on the resolution : " Person " includes a body of persons corporate or unincorporate : " Pre scribed " means prescribed by general rules within the meaning of the Act : " Property " includes money. The Bankruptcy Acts are not. affirmations. and every descrip tion of estate. In the Act. on the 25th of August. statu tory declaration. whether real or personal. and every description of property. and whether situate in England or elsewhere . Bankruptcy Acts. 127—9. and attestations on honour : " Available act of bankruptcy " means any act of bankruptcy available for a bankruptcy petition at the date of the presen tation of the petition on which the receiving order is made : " Debt provable in bankruptcy " or " provable debt " in cludes any debt or liability by the Act made provable in bankruptcy : " Gazetted " means published in the London Gazette : " General rules " includes forms : " Goods " includes all chattels personal : " High Court " means her Majesty's High Court of Justice : "Local bank " means any bank in or in the neighbourhood of the bankruptcy district in which the proceedings are taken : " Oath " includes affirmation." except where the context shews otherwise.

Extension of Time. so made. time. are not to extend the jurisdiction of the Court. re voked. and if Parliament is not then sitting. as a security for a debt due to him from the debtor : " Schedule " means schedule to the Act : "Sheriff" includes any officer charged with the execution of a writ or other process [but not a man in possession . Ex parte Warren. unless the Court before which an objection is made to the (A) S. B. arising out of or incident to property as above chap. i. have effect as part of the Act. R. or altered. or any part thereof. personally or by proxy." General Mules. within three weeks after the beginning of the then next session of Parliament. 48] : " Special resolution " means a resolution decided by a majority in number and three-fourths in value of the credi tors present. and they. Amendments. revoke. 127. and to have effect as if enacted by the Act. 15 Q. as well as the schedules. but any rules. Such general rules as may be required for purposes of this Act may be made at any time. and alter general rules for carrying into effect the objects of the Act. D. Formal Defects. INTRODUCTORY. general rules include forms. 143. and S. and are to be judicially noticed. 3] : " The schedules to the Act shall be construed and have effect as part of the Act (h). —No proceeding in bankruptcy shall be invalidated by any formal defect or by any irregularity. No general rule under the provisions of this section is to come into operation until the expiration of one month after the same has been made and issued (i). 3. All general rules so made are to be laid before Parliament within three weeks after they are made if Parliament is then sitting. As has been seen.—The Lord Chancellor may from time to S. Adjournments. R. with the concurrence of the President of the Board of Trade. 3 or contingent. 127. B 2 . defined : "Resolution " means ordinary resolution : " Secured creditor " means a person holding a mortgage charge or lien on the property of the debtor. make. at a meeting of creditors and voting on the resolution : " Treasury " means the Com missioners of Her Majesty's Treasury : " Trustee " means the trustee in bankruptcy of a debtor's estate [but in the Rules it includes also the trustee under a composition or scheme of arrangement . 168 : cf. (i) S.

shall be assigned to such Division of the High Court as the Lord Chancellor may from time to time direct . CHAP. The Court may adjourn any proceedings before it upon such terms. Courts and Officers. and to orders of transfer made under the autho of bankruptcy rity of the Judicature Acts. and that the injustice cannot be remedied by any order of that Court. and the Lord Chancellor shall from time to time assign a judge for that purpose : provided that during vacation. if this Act had not passed . the time for doing any act or thing is limited. upon such terms. of High and (b) All matters which would have been within the exclu Court. so. as it may think fit to impose. sive jurisdiction of the London Bankruptcy Court. —Bankruptcy law is administered— (1) In the High Court : (2) In local Bankruptcy Courts (m). 105. or during his absence. or any part thereof. the Court may extend the time either before or after the expiration thereof. 105 : R. if any. 143. at the commencement of this Act. 92. it is enacted by s. and in like manner amend any written process or proceeding under the Act. As to the High Court. may be transacted and disposed of by or under the directions of any judge of the High Court named for that purpose by the Lord Chancellor. (m) S. that all such matters shall. No defect or irregularity in the appointment or election of a receiver. By the same section the officers and others who were.351. . 94. proceeding is of opinion that substantial injustice has been caused by the defect or irregularity. or member of a committee of inspec tion shall vitiate any act done by him in good faith (k). the Court may in a proper case abridge the time prescribed for taking any proceedings (I). and. further. subject as aforesaid. I. such matters. (Z) S. be ordinarily trans acted and disposed of by or under the direction of one of the judges of the High Court. attached to the London Bankruptcy Court. and (c) All matters in respect of which jurisdiction is given to the High Court by this Act. became officers of the Supreme (*) S. S. 92. trustee. or during the illness of the judge so assigned. or for any other reasonable cause. as it may think fit to impose.4 THE PRINCIPLES OF BANKRUPTCY. if any. 8. (a) All matters pending in the business by special judge London Bankruptcy Court at the commencement of this Act. Where by the Act or rules. 94 that subject to Transaction general rules.

5 Court of Judicature. all bankruptcy matters are to be entitled. 4 Mor. his clerk. 92. Subject to general rules. Reynolds. Court having jurisdiction in bankruptcy shall. By s. Soh. (t) In re Elderton. official receivers. (p) S. 15 Q. against or by whom a bankruptcy petition is presented has Petition. and the comptroller in bankruptcy. INTRODUCTORY. be capable of being elected or sitting as official*?*"3' a member of the House of Commons : and no registrar or official receiver or other officer attached to any such Court shall. Solicitors of the High Court have a right of audience in s. chap. by himself. act as solicitor in any proceeding in bankruptcy or in any prosecution of a debtor by order of the Court. The local Bank. his clerk. 36. (g) S. Official Receivers.— The administrative functions exercised by the Board of Trade. —By s. except such as are by order excluded from bankruptcy j urisdiction (p) . or on appeal from such Court. 161. and the places within the districts of the County Courts of Bloomsbury. 92. 95 if the debtor S. 96. ' In Bankruptcy ' (to). Westminster. D. (o) S. 151 . bankruptcy matters in the High Court (r). ruptcy Courts are the provincial County Courts. r. and Whitechapel (o). Lambeth. (r) S. Shoreditch. 1869 (q). or in prosecutions of bankrupts directed by the judge of such Court. 95. 116. 96 and Sch. or partner. 94. during his continuance in office. and if he does so act he shall be liable to be dismissed from office : but nothing in this section shall affect the right of any registrar or officer appointed before the passing of this Act to act as solicitor by himself. or partner to the extent permitted by section sixty-nine of the Bankruptcy Act. which form so distinctive a feature of the Act. Bow. during his Disabilities of continuance in office. Marylebone. Where proceedings taken. no registrar or other officer attached to any s. 169.S. district as defined by this Act for the greater part of the six («) S. and attached to the High Court. 3. Comptroller. either directly or indirectly. Board of Trade. The London Bankruptcy District comprises the City of S. South - wark. 116. Ex p. The section of the Act of 1869 referred to only precluded him from acting as solicitor in bankruptcy proceedings in the Court of which he was registrar or officer. Bromp- ton. resided or carried on business within the London bankruptcy presented. B. 116. but not in the Court of Appeal (s). London and the liberties thereof. 3. will be dealt with hereafter. . Clerkenwell.

for the opinion of the High Court. be transferred by any prescribed authority and in the prescribed manner from one Court to another Court. Rs. 100. to have determined in the first instance in the High Court.(•> TIIE PRINCIPLES OF BANKRUPTCY. 95 : cf. —Subject to the provisions of from Court to the Act. Jurisdiction of Local Courts. ing in a County Court which all the parties to the proceeding desire. 144—5. ruptcy is to have jurisdiction throughout England. Transfer of Proceedings : Stating special case for the Transfer of opinion of the High Court. the judge is to state the facts. —A County Court for the Powers of purposes of its bankruptcy jurisdiction. will be transmitted to the High Court for the pur poses of the determination (u). Any proceedings in bankruptcy may at any time. or for a longer period during those six months than in the district of any County Court. and the orders of the Court may be enforced accordingly in manner prescribed (v). or may by the like authority be retained in the Court in which the proceedings were commenced. or such of them as may be required. The special case and the proceedings. S. the petition is to be presented to the High Court . in any other case the petition is to be presented to the County Court for the district in which the debtor has. or which one of them and the judge of the County Court may desire. ^question ^ any question of law arises in any bankruptcy proceed- of law. 145. 97 : cf. or if the petitioning creditor is unable to ascertain the residence of the debtor. chap. however. Rs. or is not resident in Eng land. resided or carried on business for the longest period during the six months immediately preceding the presentation of the petition. a County Court judge may commit for contempt a person who disobeys a (<) S. Thus. 100. («) S. i. although it may not be the Court in which the proceedings ought to have been commenced. 18—26. every Court having original jurisdiction in bank- Court. ordinary powers. in addition to its County Court. (t>) S. and either with or without application from any of the parties thereto. in the form of a special case. Nothing. in this section is to invali date a proceeding by reason of its being taken in a wrong Court (<). months immediately preceding the presentation of the peti- ~~ tion. . and at any stage thereof. has all the powers and jurisdiction of the High Court.

. or capable of giving information respecting the debtor. (2) " Subject to general rules limiting the powers con ferred by this section. R. 99 : cf. ./. 963. Jurisdiction of Registrars. 200. Court. 7 summons to attend the Court to be examined under s.. —By s. INTRODUCTORY.. v.iur!sdictl0n of . (3) " The registrars in bankruptcy of the High Court Additional shall also have power to grant orders of discharge and certi.r. his deal ings. D.the High positions and schemes of arrangement. 236. and to make receiving orders and adjudications thereon : (b) " To hold the public examination of debtors : (c) " To grant orders of discharge where the application R. and the registrars Jurisdiction in of a County Court having jurisdiction in bankruptcy. 13 Q. ment when they are not opposed : (e) " To make interim orders in any case of urgency : (/) "To make any order or exercise any jurisdiction which by any rule in that behalf is prescribed as proper to be made or exercised in chambers : (g) " To hear and determine any unopposed or ex parte application : (h) " To summon and examine any person known or suspected to have in his possession effects of the debtor or to be indebted to him. (x) Reg. (y) S. a registrar shall have power— (a) " To hear bankruptcy petitions. registrars o: ncates of removal of disqualifications. p. 99 : (1) " The g 99 registrars in bankruptcy of the High Court. 27 chap. and Order of Bankruptcy Judge. shall ^^p^ have the powers and jurisdiction in this section mentioned. (post. post. i. and any order made or act done by such registrars in the exercise of the said powers and jurisdiction shall be deemed the order or act of the Court. 84) (x). (5) "The Lord Chancellor may from time to time by and of specified order direct that any specified registrar of a County Court Courts shall have and exercise all the powers of a bankruptcy registrar of the High Court " (y). and to approve com. Judge of County Court at Croydon. B. is not opposed : (d) " To approve compositions or schemes of arrange. 7.-•. (4) " A registrar shall not have power to commit for contempt of Court. . or property.

—Large powers are given to Bankruptcy Courts by s. General Power of Bankruptcy Courts. without any further consent. (z) S. debtor. Chambers. Rs. 6 are heard in Court (z). Transfer of Where a receiving order has been made in the High pending actions. the Court may if it thinks fit direct the trial to be had with a jury. which might heretofore have been enforced by action in the High Court. 98 : cf. chambers the whole or any part of his jurisdiction. Courts "A Court having jurisdiction. or the money. If in any proceeding in bankruptcy there arises any question of fact which either of the parties desire to be tried before a jury instead of by the Court itself. and of Trade or by an official receiver or any other officer of the others. or which the Court thinks ought to be tried by a jury. Trial by jury. to order the transfer to such judge of any action pending in any other division. money's worth or right in dispute does not in the opinion of the judge exceed in value two hundred pounds. CHAP. hereby given shall not be exercised by the County Court for the purpose of adjudicating upon any claim. Punishment Where default is made by a trustee. 102. brought or continued by or against the bankrupt.—Subject to the provisions of the Act and to genera] rules the judge of the High Court may exercise in S. 102. 8 THE PRINCIPLES OF BANKRUPTCY. or which the Court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of pro Limitation of powers of perty in any such case : provided that the jurisdiction County Courts . except in manner by other directed by this Act. debtors. Certain matters mentioned in R. if he sees fit. and all other questions whatsoever. not arising out of the bankruptcy. I. Court. whether of law or of fact. every Court having jurisdiction in bankruptcy under this Act shall have full power to decide all questions of priorities. which may arise in any case of bankruptcy coming within the cognizance of the Court. 6 and 9. unless all parties to the proceeding consent thereto. enacts that :—" Subject to the provisions of this Act. . 98. or other of defaulting person in obeying any order or direction given by the Board trustees. which {inter alia) S. not to be restrained nor shall any appeal lie from its decisions. has power. the judge by whom such order was made." Courts.in bankruptcy under this exercising Act shall not be subject to be restrained in the execution of bankruptcy jurisdiction its powers under this Act by the order of any other Court.

D. 19 and 23 (pp. the Act will not bind the Crown. ss. B.iso lating to the remedies against the property of a debtor. 102. The Crown. upon any such application. 3 . Except as to these matters.s. the ^s^n^to*0" priorities of debts. 3—6 . British Court elsewhere having jurisdiction in bankruptcy or s. make an immediate order for the committal of such defaulting trustee. composition or scheme. the Preferential Payments in Bankruptcy Act. A. (a) S. I. 117). 1888. the effect of a composition or scheme of bind the arrangement. Ireland and Scotland Enforcement respectively. the CHAP. 50. 30 (p. and the officers of those Courts respectively. cf. and the effect of a discharge shall bind the Crown- Crown"(c). will auxUiaiy ^ severally act in aid of and be auxiliary to each other each other. B. 380. As to remedies against property of debtor. (b) Ex p. with regard to claims notarising out of the bankruptcy and enforceable by action in the High Court. 110). and every Kingdom. to have the matter disposed of elsewhere than in the County Court. the County Courts. 54. Postmaster-General. or person to comply with the order or direction so given . INTRODUCTORY. courts And the High Court. will enforce the orders of each other (s. (c) S. 58) . 3 (18) . 9 Board of Trade under any power conferred by this Act. on the application of the Board of Trade or an official receiver or other duly authorised person order such defaulting trustee. A. 55 as to the dis claimer of onerous property are provisions relating to remedies against the property of the debtor (d). 21 Q. 42 (as amended by s. but the power hereby given is to be deemed to be in addition to and not in substitution for any other right or remedy in respect of such default (a). s. The proviso relating to County Courts in the above sec tion gives an absolute right. 1890. 28 of the B. and the Court may also. D. where the property in question exceeds in value £200. s. B. if it shall think fit. 150. debtor.—Generally speaking the Crown is not bound by a statute unless there be words to that effect. 45 (pp. the Courts having J^^^d jurisdiction in bankruptcy in Scotland and Ireland. 150). or other person . 117. bankruptcy jurisdiction in England. 595.44. s.US- insolvency.s. 40. 9. The present Act provides that— " Save as herein provided the provisions of this Act re.-—The Courts having S. 1890. 1890). discharge. 10 Ch. debtor. also ss. Orders and Warrants of Court. and B. s. A. The provisions of s. and though it be named in some sections it is not thereby bound by the others (b). priorities of debts. (d) In re Thomas.sub-ss. A. Court may. 1883. .

—Subject to general rules. facts stated in the notice. 83). A copy of the London Gazette containing any notice in Gazette to be serted therein in pursuance of the Act is evidence of the evidence. Any warrant of a Court having jurisdiction in bankruptcy in England may be S. S. of the meeting at which the minute is signed.10 THE PRINCIPLES OP BANKRUPTCY. 119. or by interrogatories. or of an order adjudging a debtor bank rupt. 133. the Isle of Man. 61—72. S. the Channel bankruptcy Islands. and elsewhere in Her Majesty's dominions. in all matters of bankruptcy (s. or appearing to be. cf.-134. 132. R. And a copy containing any notice of a receiving order. or upon affi davit. R. I. Until the contrary is proved. shall be received in evidence without further proof. A minute of proceedings at a meeting of creditors under Evidence of this Act. cf. the com Commitment mitment may be to such convenient prison as the Court to prison. and of its date (s. Any petition or copy of a petition in bankruptcy. 133). 105 (5) . or by commission abroad (e). Warrants of enforced in Scotland. the Court may take evidence either viva voce. Ireland. signed at the same or the next ensuing meeting. and all resolutions passed or proceedings had thereat to have been duly passed or had (s. 132). S. Rs. in the courts. 120. A search warrant issued by a Court having jurisdiction in bankruptcy for the discovery of any property of a debtor may be executed in manner prescribed or in the same way as an ordinary search warrant for pro perty supposed to be stolen may be executed (s. 118). and a gaoler refusing to receive any prisoner so committed is liable for every such refusal to a fine not exceeding one hundred pounds (s. Where the Court commits any person to prison. 85). any (e) S. same manner and subject to the same privileges in and sub ject to which a warrant issued by any justice of the peace against a person for an indictable offence against the laws of England may be executed in those parts of Her Majesty's dominions respectively in pursuance of the Acts of Parlia ment in that behalf. is conclusive evidence in all legal proceedings of the order having been duly made. by proceedings at meetings of a person describing himself as. chairman creditors. CHAP. S. 119 . . Evidence. cf. 120 . S. 105. every meeting of creditors in respect of the proceedings whereof a minute has been so signed shall be deemed to have been duly convened and held. thinks expedient.

138. the deceased person's depo sition purporting to be sealed with the seal of the Court. 135). is conclusive evidence of his Certificate of appointment (s. 11 order or certificate or copy of an order or certificate made chap. witness whose evidence has been received by any Court in Death of any proceeding under the Act. 219a. or by a notary public (s. auy affidavit to be used in a s. 1890. 137. 136. before a magistrate or justice of the peace or other person qualified to administer oaths in the country where he resides. or justice of the peace. before a judge ordinary. A certificate of the Board of Trade that a person has been s. Subject to general rules. In case of the death of the debtor or his wife. All documents purporting to be orders $C^nt or certificates made or issued by the Board of Trade. any instru. or. or. 134). 137). 135. in the case of a person who is out of the Kingdom of Great Britain and Ireland. . he being certified to be a magistrate or justice of the peace. or is certified as a true copy by any registrar thereof. or before any officer of a bankruptcy Court authorised in writing on that behalf by the judge of the Court. and of the Bankruptcy signature of the judge or registrar of any such Court in all ^°isrtsto have legal proceedings (s. and judicial notice is taken of it. affidavit. or of a S. bankruptcy Court may be sworn before any person authorized Swearing of to administer oaths in the High Court. or document made proceedings in or used in the course of any bankruptcy proceedings. or in the Court of Chancery of the county palatine of Lancaster. shall. 47-58. 136). and to s. Rs. or a copy thereof purporting to be so sealed. appointed trustee under this Act.ailkruPtcy- other proceedings had under this Act. magistrate. 24) (/). or qualified as aforesaid by a British minister or British consul. be re ceivable in evidence in all legal proceedings whatever (s. 138). in the case of a person residing in Scotland or in Ireland. is to be admitted as evidence of the matters therein deposed to (s. i. and also in Eng land and Wales before a justice of the peace for the county or place where it is sworn (B. or before any registrar of a bankruptcy Court. 140.Evidence of ment or copy of an instrument. A. or '. if it appears to be sealed with the seal of any Court having jurisdiction in bankruptcy. Act has a seal. (/) See also as to affidavits. s. Every Court having jurisdiction in bankruptcy under the s. or purports to be signed by any judge thereof. by any Court having jurisdiction in bankruptcy. INTRODUCTORY.

or Monday or Tuesday in Easter Week. which must not be one of the days in this section specified. 92. be sealed with the seal of the Board. in which case any act or proceeding is to be considered as done or taken in due time if it is done or taken on the next day afterwards. then in the com putation of that limited time the same is to be taken as exclusive of the day of that date or of the happening of that event. and as commencing at the beginning of the next following day . or customary property. 142) : cf. R. is conclusive evidence of the fact so certified (s. admission. Time. 304). certificate. THE PRINCIPLES OF BANKRUPTCY. L. or any person authorised in that behalf by the President of the Board. or to any mortgage. or thanks giving. humiliation. or to be signed by a secretary or assistant secretary of the Board. which requires the letter to be registered in the case of service of an order or other proceeding in Court. leasehold. see In re North. or act of the Board. and the act or proceeding is to be done or taken at latest on the last day of that limited time as so computed. Where by this Act any act or proceeding is directed to be done or taken on a certain day. charge. Christmas Day. are received in evidence. or a day on which the Court does not sit. 11 T. unless the last day is a Sunday. Notices. —All notices and other documents for the service of which no special mode is directed may be sent by prepaid post letter to the last known address of the person to be served therewith (s. surrender. —Where by this Act any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding. and deemed to be such orders or certi ficates without further proof unless the contrary is shown. R. 4 . the act or proceed ing is to be considered as done or taken in due time if it is done or taken on the next day afterwards. A certificate signed by such President that any order made. certificate issued. 141 : cf. or other incumbrance . assignment. copyhold. then if that day happens to be one of the days in this section specified. is the order. Exemption from Stamp Duty. R. which must not be one of the days in this section specified (s. convey ance. Good Friday. —Every deed. 140). or other assurance relating solely to freehold. or act done. or a day appointed for public fast.

for ascertaining any such liability or disqualifica tion. admission. right. <£c. 60. 169. surrender. certificate. Repeal of but the repeal does not affect— enactments. Anything done or suffered before the commencement of this Act under any enactment repealed by this Act . forfeiture. property. or lia bility or disqualification incurred. whether under any enactment so repealed. (a). Notwithstanding this repeal. and every power of attorney. as if a commission of or a fiat in bankruptcy had been actually issued at the time of the presentation of such petition. or other assurance. in any real or personal chap. bond. INTRODUCTORY. 1869. 59. Repeal. are repealed to the extent mentioned in that schedule. forfeiture. of Parliament. 149). conveyance. or otherwise. s. or Construction taken before the commencement of this Act mention is made tilntn» con?-" of a commission of bankruptcy or fiat in bankruptcy. 187). after the execution of the deed. under any enactment so repealed . nor (b). the mission of same shall be construed. or other instrument or writing relating solely to the property of any bankrupt. order. nor (c). or compo sition with creditors under the B. 2)). with reference to the proceedings ^acnkruPtcy' under a bankruptcy petition.. executed. assign ment. Any right or privilege acquired. Construction of former Acts. the Act or instrument shall be construed and have effect as if reference were made therein to the corresponding provisions of this Act (s. reference is made to the Bankruptcy Act. or any estate. —Where in any Act S. or proceeding passed. or enforcing or recovering any such fine. instrument. writ. except in respect of fees under the Act (s. —The Acts described in the fifth schedule (post. is exempt from stamp duty. except so far as any provi . The institution or continuance of any proceeding or other remedy. i. the proceedings under any bankruptcy petition. Any fine. 169 (1. is or remains the estate of the bankrupt or of the trustee undei the bankruptcy. or to any proceeding under any bankruptcj'. 1869. or interest. pending at the commencement of this Act. Where by any Act or instrument. or punishment as aforesaid (s. or other punishment incurred or to be incurred in respect of any offence committed or to be committed against any enactment so repealed . proxy paper. affidavit. or duty imposed. shall. 144) : see Ks. which is part of the estate of any bankrupt. 149. and which. either at law or in equity. 13 on. nor (d). A. p. liquidation by arrangement.

sion of this Act is expressly applied to pending proceedings. except as aforesaid. 3. . shall. 1887.— Closure Act"** This Act enables a liquidating debtor or a bankrupt under 1887. ' the B. A.14 THE PRINCIPLES OF BANKRUPTCY. 159—162 and 170. 56. or any amendment thereof. 169 (3). A. Rs. or with or without conditions.. postponed the close (i). c. A. under the B. i. and all the provisions of the B. unless the Court. 1887(h).. to apply to the Court for an order of dis charge. on or before that day. on the appli cation of the trustee. p. which the Court may grant with or without a sus pension thereof. were closed on the 31st of December. By it also pending bankruptcies. chap. (A) 50 & 61 Vict. apply thereto. (#) S. 1869. 2 : cf. (0 S. provided that the applicant has not committed a misdemeanour under the Debtors Act. Bankruptcy Bankruptcy ( Discharge and Closure) Act. The exceptions are contained in ss. 1869. 1869. 352—354. 1869. as if this Act had not passed (g). continue.

. Foreigners. 1890. within a year before the date of the presenta tion of the petition has ordinarily resided or had a dwelling- house or place of business in England. 5. on different floors in a (a) B. resolve to accept a proposal made to them by the debtor for a composition or scheme of arrange ment. 20. WHO MAY BE MADE BANKRUPT. a foreigner brings himself within any of the cases in this section. then.—Can a foreigner be made bankrupt in this country? This question is answered by s. A. but no person. 6. where a domiciled Frenchman came over to London for three months with his wife and servants to conduct an action in the English Courts. 126. on a bankruptcy petition being presented by a creditor. unless the debtor is domiciled in England. If a debtor commits an act of bankruptcy the Court may. If these proceedings do not take place the Court is to adjudge the debtor a bankrupt. is to be adjudged bankrupt laws- in respect of a debt contracted before the passing of that s. s. or. make a receiving order for the protection of ™j"{*|83 the estate. A. upon which the bankruptcy may be annulled (a). and their resolution to do so may be approved by the Court. s.126- Act (6). but a composition or scheme may afterwards be resolved on and approved. 3 . A. 6 (p. B. ss. 1883. chap. The Act abolishes distinctions between traders and non. he becomes thereby subject to the English bankruptcy laws. and rented furnished rooms. or Petitions by the debtor. Thus. of which he had the exclusive use. ii. B. 23 . 24). CHAPTER II. (4) S.Who are sub- traders . which expressly enacts that a creditor cannot present a bankruptcy petition against a debtor. The creditors may then at a meeting held by g g the Official Receiver. If. not being a trader within the bankruptcy meaning of the Act of 1861. 1890.

16 THE PRINCIPLES OF BANKRUPTCY. which. Bkcy. who neither had a dwelling- house or place of business in England. 71. might be proved for. 12 Ch. ii. Learoyd. unless he commits an act of bankruptcy here. chap. {e) In re Pearson. 3 . domiciled abroad. for which he had paid continuously during that period. it would seem that an infant. 111. 22 L. D. An ordinary residence here is not incom patible with an ordinary residence abroad during the same period : but a mere traveller passing through England. if the infant became bankrupt when of full age (ib. even though he carries on a trade. he could not subse quently get it annulled (g) . but rather an equitable liability. he could be made bankrupt. can appeal only within the prescribed time. (A) Ex p. in re Jones (/)). (d ) In re Norris. 263. 10 Ch. B. as a rule. D. he fraudulently makes a direct representation that he is of full age . indeed. D. is not liable to be made bankrupt. for the effect of the fraudulent representation is not so much to create a "debt. Lynch. 5 Mor. but who had for eighteen months rented a room at a London hotel.—An infant. that where an infant did not within the prescribed time dispute the pro priety of an adjudication against him. 227. 109 : overruling Exp. and for the purposes of it obtains goods on credit (Ex p. but it is very doubtful whether. Jones." and so to have become subject to the bankruptcy laws (c). and he cannot be served with a bankruptcy notice abroad (e). Again. 2 Ch. It must be borne in mind that a foreigner abroad cannot be made bankrupt here. (1892) 2 Q. who has been adjudicated bankrupt. without any intention of remaining for any definite time. It was. . J. house in which the landlord reserved one room for his own use. held under the Act of 1849. (g) In re West. though not a proper petitioning creditor's debt. unless. B. the debtor was held to have "had a dwelling-house in England. 308. rendered himself subject thereby to the bankruptcy laws as having ordinarily resided here (d). D. Exp. (c) In re Hecquard." on which a petition for adjudication can be grounded. 24 Q. Tucker. and. even in such a case. D. unless he obtain special leave to do so afterwards (h). as now an adjudication once made is conclusive so long as it stands. Infants. 71.). however. (/) 18 Ch. a debtor. but reserved no control over the debtor's rooms. would not by merely staying at an hotel bring himself within the section (d).

D. It is clear. 607. judgment can in certain cases be signed against a married woman. may probably be made a bank rupt (n) : (4) Although under the Married Women's Property Act. c. 19. Beauchamp (1894). R. also 41 Vict. 373). App. s. 1882. ii. AVhere. Franks. cannot be made a bankrupt . however. B. 17 By the Infants' Relief Act. 10 Q. execution thereon must be limited to such separate property as she is not restrained from anticipat ing (o) . the costs of the opposite party may be ordered to be paid R. (»») Ex p. no action can be brought on such promise or ratification whether there be any new consideration for it or not. infants for the repayment of money lent or to be lent. 1 Q. C . is in exile or in penal servitude (m) : (3) A woman judicially separated from her husband (20 & 21 Vict. or ratify any promise or contract made during infancy. but there are exceptions : (1) A married woman trading as a feme sole by the custom of London (I) : (2) A woman whose husband is civilly dead. contracts entered into by chap. Cas. but the partnership assets are available for the partnership creditors (k). 570. 1 W. and bankruptcy proceedings should be in the same form . B. L. a debt rendered void by this Act. are abso lutely void . being able to contract as a feme sole. Brearley. 413. a married woman institutes proceedings. c. and though the infant make a promise after full age to pay any debt contracted during infancy. 120. Married Women. (o) Scott v. or for goods supplied or to be supplied (other than contracts for necessaries). Kibble. Accordingly. and such a judgment. 7 Bing. B. 20 Q. Judgment for a debt contracted by a firm having an infant infant partner. Sparrow v. even though there has been a ratification after the infant has come of age. Phillips. 10 Ch. (7i) Lovellv. Morley. and all accounts stated with infants. a married woman being incapable of contracting as a feme sole. though he may have given it for necessaries (i). creating no personal ft) In re SoltyJcoff (1891). Bl. that an infant is not liable on a bill of exchange or promissory note. Carritthers. 26). or against the firm excluding the infant. Cf. (T) La Vie v. 762.B. The decision in this case might possibly have been otherwise if the debt had been contracted for necessaries. 147. however. —As a rule. partner should be against the adult partner. («) Ramsden v. s. WHO MAY BE MADE BANKRUPT. Bl. has abjured the realm. 21). 85. L. R. 2 W. or who has obtained a protection order (ib. will not be a good debt on which to ground a bankruptcy petition {Ex p. 1874. 1197.

. c. 1 Q. Stamp. 20 Q. levene (1895). q) In re Hewett. 1882 (t). 23 Ch. (t) See in particular ss. "Every married woman carrying on a trade separately from her husband. be made a bankrupt when he has contracted the debt and committed the act of bankruptcy whilst sane (u). B. 148 provides that for all or any of the purposes of the Act a lunatic may act by his committee or curator bonis. 23. or to consent to an adjudication (y).18 THE PRINCIPLES OP BANKRUPTCY. S. and peers and members of the House of Commons are liable to the disqualifications to be present!}' mentioned. B. 113. iu) Anon. W. P. 12. —The forfeiture of a convicted felon's property was abolished by 33 & 34 Vict. D. —A receiving order will not be made against any corporation or against any partnership or association. render a married woman subject to — the bankruptcy laws (In re Gardiner. S. p) In re Lynes (1893). By the B. Peers and Members of the House of Commons. A. P. 124. («) In re Helsby. s. Exp. D. in respect of her separate property. W. s. 12 Q. 271. B. (a) S. and such a person may be adjudged bankrupt (z). W. 152). 1893. 72. S. CHAP. 123. Convicted Felons. 332. ix) In re James. nothing in it is to affect the provisions of the M. shall. But this section is not applicable where the trade carried on is wholly or partially under the husband's control (s). be sub ject to the bankruptcy laws in the same way as if she were a feme sole " (r). S. However. De G. 590 . D. Corporate and Registered Companies. . P. Act. 1 Q. (z) Exp. 328. 148. 216. 345. 152. even though the defendant has become a widow since judgment (q). 1 (5) and 3 of the M. 19 Ch. Graves. does not. 124. A. 1. Ex p. see R. per se. by s. Lunatics. 1882. 13 Ves. and a bankruptcy notice cannot be issued on a judgment of this kind ( p) . —A lunatic may. II. 249). 1 Man. or company registered under out of property subject to a restraint on anticipation: M. 1883 (s. D. 2. and where it is beneficial to the lunatic the Court exercising lunacy jurisdiction will allow his committee or curator bonis to file a declaration of inability to pay his debts (x). B. r) 45 & 46 Vict. Act. liability. —> Persons having privilege of Parliament may be dealt with under the Act as if they had no such privilege (a). (y) In re Lee. 1 (5). As to proof of debts and other matters s. c. 1 (5) of that Act. it seems.

Disqualifications of Bankrupt and their removal. 446. or of more than twenty to carry on any other busi ness involving the acquisition of gain. WHO MAT BE MADE BANKRUPT. 1 Q. — 8. unless registered under the Act. 8 Mor. 1862 (b) . 6 any seven or more persons may be registered as a company. A. 148. and not in his own name (e). 258—270. 148 of the Bankruptcy Act. subject to the provisions of this Act. 123. applies much of the bankruptcy law and practice to the winding-up of insolvent companies. 4. B. or any of the purposes of that Act a corporation may act by any of its officers authorized in that behalf under the seal of the corporation. 95. B. D. 1883. ss. through official receivers. or being elected as a peer of (i) S. e) C. association. but other partnerships are CHAJ liable to bankruptcy. 19 the Companies Act. (jj) This is not retrospective: In re School Board Election for Pulborough (1894). 149. and a firm may act by any of its members (c). 80 : In re Whitley. be disqualified for— (a) Sitting or voting in the House of Lords. 1890 (/). 725. lb. 133 : In re Winterbottom. supervision over any such winding-up. The Companies Act. the secretary takes them in his name stating that he is so authorized in writing under the seal of the company (d). 63. Jurisdiction under this Act is exercised in the High Court by the judge who exercises bankruptcy jurisdic tion. bank ruptcy or other proceedings should be taken by the liquidator in the name and on behalf of the company. or. (/) 53 & 54 Vict. or formed in pursuance of some other Act or of letters patent . or on any committee thereof. 18 Q. by s. 1862. Where a debtor is adjudged bankrupt (g) he shall. The Companies (Winding-up) Act. but a limited company incorporated under the Com panies Acts takes bankruptcy proceedings in its own name by its secretary. 32. Rule 258 applies to unincorporated com panies . c. or partnership of more than ten persons may be formed to carry on a banking business. and by s. (c) See also Bs. 246. S. what is perhaps a better way. enacts that no company. 1862. and enables the Board of Trade to exer cise. d) In re Collier. In the case of a company which is being wound up. c 2 . provides that for all 8. and in the County Courts by such County Courts only as are not excluded from bankruptcy jurisdiction.

and of so improbable a character that no prudent man would take it into his calcula tions in reference to the interests either of himself or of others " (h). which may have been. A. Under sub-s. L. 1890. no disqualification is to exceed a period of five years from the date of any discharge. overseer of the poor. Misfortune has been defined to be " an adverse event not immediately dependent on the actions or will of him who suffers from it. The annulment of an adjudication.20 THE PRINCIPLES OF BANKRUPTCY. s. By the B. 60. J.. or may hereafter be granted under either the Act of 1883 or that of 1890. or councillor . (6) Being elected to. and the order of dis charge above-mentioned. member of a sanitary authority. Vacating of Seat in Bouse of Commons. (b) misfortune and not mere absence of mis conduct must be shown. 822. or on any committee thereof . The Court may grant or withhold such certifi cate as it thinks fit. burial board. (d) Being elected to or holding or exercising the office of mayor.. The above disqualifications shall be removed and cease if and -when. 1890. 9. or sitting or voting in. D. but any refusal of such certificate shall be subject to appeal. . (e) Being elected to or holding or "exercising the office of guardian of the poor. or select vestry (or a member of a county council : B. Scotland or Ireland to sit and vote in that House . (c) Being appointed or acting as a justice of the peace . per Pry. The disqualifications imposed by this section extend to all parts of the United Kingdom (s. the House of Commons.—If a member of the House of Commons is adjudged bankrupt. alderman. pp. 9). will be dealt with hereafter (i). A. 150.— (a) the adjudication of bankruptcy against the bankrupt is annulled . (t) Tost. or (b) he obtains from the Court his discharge with a certificate to the effect that his bankruptcy was caused by misfortune without any misconduct on his part. B. at p. and the (h) In re Id. 816. 32). s. or member of a school board. highway board. 20 Q. Colin Campbell.

alderman. immediately after the expiration of that time. 21 disqualifications arising therefrom under this Act are not 0 removed within six months from the date of the order. Vacating of Municipal and other Offices. or select vestry. s. is adjudged bankrupt while holding the office of mayor. members of the House of Commons. cause notice thereof to be published in the London Gazette. shall forthwith. . his office shall thereupon become vacant (s. the Speaker. overseer. 33). or member of a sanitary authority. 1883. the Court shall. Where the seat of a member so becomes vacant. after receiving the certificate. and this will now include a member of a county council (k). A. school board. 34). 34. certify the same to the Speaker of the House of Commons. "WHO MAT BE MADE BANKRUPT. 1890. to carry out the provisions just mentioned during the vacancy of the office of Speaker or during his absence out of the realm (s. 32. whether by proro gation or by adjournment. councillor. s. guardian. {Jt Cf. or will meet on the day of the issue). A. 9. burial board. and thereupon the seat of the member shall be vacant. issue his warrant to the clerk of the Crown to make out a new writ for electing another member in the room of the member whose seat has so become vacant. and after the expiration of six days after the publication shall (unless the House has met before that day. The Speaker for the time being may nominate certain persons. during a recess of the House. highway board. —If a person S. B. and B.

4. s. . or being out of England remains out of England. 648. B. Before a receiving order can be made. Dawson. or departs from his dwelling- house. departs out of England. delivery. Where the petition is presented by a creditor or creditors. or begins to keep bouse : (e) " If execution against him has been levied by seizure of his goods under process in an action in any court. CHAPTER III. or transfer of his pro perty. a bankruptcy petition must be presented either by the debtor himself or by some creditor or creditors the amount of whose debt or debts is £50. or of any part thereof : (c) " If in England or elsewhere he makes any conveyance or transfer of his property or any part thereof. ° (a) " If in England or elsewhere he makes a conveyance or assignment of his property to a trustee or trustees for the benefit of his creditors generally : (6) "If in England or elsewhere he makes a fraudulent conveyance. CHAP. gift. namely. S. 16 Q. it must be grounded on an act of bankruptcy (s. Acts of Bankruptcy.following cases :— ruptcy. or in any civil proceeding in the High (Z) Modes y. It does not divest a debtor of his property. " A debtor commits an act of bankruptcy in each of the Acts of bank.—A " receiving order " is a new expression introduced by the Act of 1883. 48] : (d) "If with intent to defeat or delay his creditors he does any of the following things. III. but merely protects it (I).5. D. or otherwise absents himself. PROCEEDINGS TO RECEIVING ORDER. 4 enacts thus :— s. 5) . and s. or creates any charge thereon which would under this or any other Act be void as a fraudulent preference if he were adjudged bankrupt [cf.

(o) SeeRs. and shall state the consequences of non compliance therewith. 38. post. 23 Court. and which he could not set up in the action in which the judgment was obtained : (h) " If the debtor gives notice to any of his creditors that he has suspended. This paragraph replaces suh-sect. and as to receiving order. has served on him in England or. then within the time limited in that behalf by the order giving leave to effect the service. (c) of the principal Act which limited the act of hankruptcy to cases where execution had been levied by seizure and sale of the goods. (») See as to this. "Provided that. set-off. p. and shall be served in the prescribed manner" (o). a bankruptcy notice under this Act. in case the service is effected in England. (m) B. PROCEEDINGS TO RECEIVING ORDER. or cross demand which equals or exceeds the amount of the judgment debt. payment of his debts. (/) " If he files in the Court a declaration of his inability to pay his debts or presents a bankruptcy petition against himself : (g) " If a creditor has obtained a final judgment (%) against him for any amount. within seven days after service of the notice. s. and the goods have been either sold or held by the sheriff for twenty-one days. the time elapsing between the date at which such summons is taken out and the date at which the sheriff is ordered to withdraw. . shall not be taken into account in calculating such period of twenty-one days " (m). see Rs. and he does not. where an interpleader sum mons has been taken out in regard to the goods seized. either comply with the requirements of the notice. and execution thereon not having been stayed. or any inter pleader issue ordered thereon is finally disposed of. elsewhere. 1890. or to secure or compound for it to the satisfaction of the creditor or the Court. or that he is about to suspend. 1. and in case the service is effected elsewhere. requiring him to pay the judgment debt in accordance with the terms of the judgment. or satisfy the Court that he has a counter-claim. 136 —142. by leave of the Court. "A bankruptcy notice under this Act shall be in the prescribed form. A. 176—183.

24 THE PRINCIPLES OF BANKRUPTCY.

chap. in. Another act of bankruptcy is contained in s. 103 (5),
which is as follows :—
S. 103 (5). « Where, under s. 5 of the Debtors Act, 1869, application
A further act jg made by a judgment creditor to a Court, having bank-
of bankruptcy. , , n . , ,
ruptcy jurisdiction, for the committal oi a judgment debtor,
the Court may, if it thinks fit, decline to commit, and in lieu
thereof, with the consent of the judgment creditor, and on
payment by him of the prescribed fee, make a receiving
order against the debtor. In such case the judgment debtor
shall be deemed to have committed an act of bankruptcy at
the time the order is made."
The bankruptcy under this section will be deemed to have
relation back to and to commence at the time of the order,
or if the bankrupt is proved to have committed any previous
act of bankruptcy, then, at the time of the first of the acts of
bankruptcy proved to have been committed by him within
three months next preceding the date of the order (B. A.
1890, s. 20).
Assuming that an act of bankruptcy has been committed
by the debtor, the next question is, on what conditions a
creditor may petition against him. These are set out in
s. 6, which runs thus :—
S. 6. " A creditor shall not be entitled to present a bankruptcy
CondMonson petition against a debtor unless—
may petition. (<*) " The debt owing by the debtor to the petitioning
creditor, or, if two or more creditors join in the
petition, the aggregate amount of debts owing to
the several petitioning creditors, amounts to fifty
pounds ; and
(b) "The debt is a liquidated sum, payable either imme
diately or at some certain future time ; and
(c) " The act of bankruptcy on which the petition is
grounded has occurred within three months before
the presentation of the petition ; and
(d) " The debtor is domiciled in England, or, within a
year before the date of the presentation of the
petition, has ordinarily resided or had a dwelling-
house or place of business in England."
Where the If the petitioning creditor is a secured creditor (see ante,
cre&toHjf P- he must, in his petition, either state that he is willing
secured. to give up his security for the benefit of the creditors in the
event of the debtor being adjudged bankrupt, or give an

PROCEEDINGS TO RECEIVING ORDER. 25
estimate of the value of his security. Iu the latter case, he CHAI>- m-
may be admitted as a petitioning creditor to the extent of
the balance of the debt due to him, after deducting the
value so estimated in the same manner as if he were an
unsecured creditor. The estimate made need not be a
correct one, but in the event of an adjudication the trustee
may redeem the security at that estimate (p).
Where the debtor resides out of England, the onus will be
on the petitioning creditor to prove, if any dispute on the
point should arise, that the debtor is domiciled in England,
and this onus will not be discharged by showing that he
bears an English name and is in the English army, as his
domicile might be Scotch or Irish (q).
Under the late statute, and presumably under the present, Debt must
the petitioning creditor's debt must have existed at the g*^™*^
time of the act of bankruptcy (?•) ; but if there was a good act of bank-
petitioning creditor's debt at that time it is immaterial that mV^y> tut
judgment has been subsequently obtained for it (s). It is "presently
not now necessary that the debt should be presently payable Pa)'able-"
when the petition is presented (t), it being sufficient if it is
payable either immediately or at some certain future time (it).
The period within which after the act of bankruptcy the
petition must be presented is now, as has been seen, limited
to three months.
Before dealing further with the petition or the proceedings
thereon, it will be well to consider in detail the several acts
of bankruptcy set out in s. 4 (ante, p. 22).
I. If in England or elsewhere he makes a conveyance or
assignment of his property to a trustee or trustees for the
benefit of his creditors generally.
It is not necessary to show in this case an intent on the
part of the debtor to defeat and delay his creditors, for it has
always been considered an act of bankruptcy where an in
solvent person makes such an assignment, because it is an
endeavour to put his property under a different course of
application and distribution among his creditors from that

(p) Ex p. Taylor, 13 Q. B. D. 128.
(?) Ex p. Cunningham, 13 Q. B. D. 418 ; Exp. Same, 16 Q. B. D. 522.
(r) Exp. Sayward, L. R. 6 Ch. 546.
(») In re King and Beesley, 11 Ti. L. R. 3.
(<) Ex p. Start, L.R. 13 Eq. 309.
(«) S. 6.

26 THE PRINCIPLES OF BANKRUPTCY.

which would take place under the bankrupt law (a;). That
law gives the management of his property to persons chosen
by the creditors, and aims at an equal distribution of it, a
result which would in many cases not be attained were the
bankrupt allowed to make a favourite creditor his assignee.
In this view the assignment would be a fraud on the other
creditors (y).
There may be a conveyance or assignment of a debtor's
property within this sub-section, although, so far as his lease
holds are concerned, he does not assign them, but merely
covenants, in the ordinary way, to deal with them as the
trustee shall direct (z).
With regard to the words " or elsewhere " which occur in
this and the following sub-section, they are put in to cover
the case of a person who is subject to the law of England
making, whilst abroad, a conveyance or assignment of pro
perty which is to operate according to the law of England,
and which will therefore affect only property in England ;
but it is not meant that a person domiciled abroad, and who
is not subject to the law of this country, can be made bank
rupt here in consequence of some disposition of property
which is executed in and which is to operate according to the
law of a foreign country (a).
A creditor who has assented to an assignment for the
benefit of creditors cannot, as a rule, take advantage of it as
an act of bankruptcy (b), but he may do so if his assent
thereto has been procured by misrepresentations on the part
of the debtor as to the true state of his affairs (c), or other
creditors have secretly obtained an unfair advantage (d).
Now by the Deeds of Arrangement Act, 1887, all instru
ments made by, for, or in respect of the affairs of a debtor
for the benefit of his "creditors generally" (which expression
includes all creditors who may assent or take the benefit of
such instruments), must be registered, and in default of such
registration are void (e). But the Act does not repeal or

(x) Duttonv. Morrison, 17 Ves. 199.
(V) WorsUy v. Be Mattos, 1 Burr. 467, 477.
(z) In re Hughes (1893), 1 Q. B. 595.
(a) Ex p. Crispin, L. R. 8 Ch. 374.
\b) Ex p. Stray, L. E. 2 Ch. 374.
\c) Ex p. Terrier, 37 W. B. 481.
(d) Ex p. Milner, 15 Q. B. D. 605.
(«) 50 & 61 Vict. c. 57 : see ss. 4, 5, 6, 19.

PROCEEDINGS TO RECEIVING ORDER. 27
affect any provision of the law for the time being in force in chap, hi.
relation to bankruptcy, or give validity to any deed or instru
ment which by law is an act of bankruptcy or void or
voidable (/) : and it has been held, that where a deed is
neither registered nor stamped, and therefore void, it is
nevertheless available to creditors as an act of bank
ruptcy (g).
II. If in England or elsewhere he makes a fraudulent
conveyance, gift, delivery, or transfer of his property, or of
any part thereof
Fraudulent dispositions (to use a general word) of property
under this paragraph, may be thus divided :—
(1) Dispositions of property fraudulent by the common
law:
(2) Dispositions of property fraudulent by the Act 13
Eliz. c. 5 :
(3) Dispositions of property fraudulent by the bankrupt
law.
(1) and (2). For the present purpose the first two of these
classes may be dealt with together. Indeed it may be said
that the 13 Eliz. c. 5 is simply declaratory of the common
law. At all events the Act is very general, and seems large
enough to embrace every species of fraud on creditors. It
seems to have defined more clearly the common law in frauds
of this kind ; and Lord Mansfield, speaking a hundred years
ago, says, " The principles and rules of the common law, as
now universally known and understood, are so .strong against
fraud in every shape, that the common law would have
attained every end proposed by the statute 13 Eliz. c. 5. .
. . . It cannot receive too liberal a construction or be too
much extended in suppression of fraud " (h).
That Act " for the avoyding and abolysshing of faigned,
covenous, and fraudulent feoffmentes, gyftes, grauntes, aliena
tions, conveyances, bondes, suites, judgementes, and execu-
tiones, as well of landes and tenementes as of goodes and
catels, more commonly used and practised in these dayes,
then hathe ben seene or hard of heretofore," after reciting
that such feoffments, &c, have been devised and contrived
(/) lb. s. 17.
(g) Ex p. Heapy, 37 "W. R. 415.
(A) Cadogan t. Kennett, Cowp. 434. The cases of Mackay v. Douglas, L. R.
14 Eq. 106, and Taylor v. Coenen, 1 Ch. D. 636, will show the construction put
on the Act.

28 THE PRINCIPLES OF BANKRUPTCY.
chap, in. 0f malice, fraud, collusion, or guile, to the end, purpose, and
with intent to delay, hinder, or defraud creditors and others,
of their just and lawful actions, suits, debts, accounts, damages,
&c, declares, ordains, and enacts, that every feoffment, &c,
of lands, tenements, hereditaments, goods, and chattels, or
any of them, .... and every bond, suit, judgment,
and execution, made for any intent or purpose before ex
pressed and declared, shall be, against that person, his heirs,
executors, administrators, and assigns, whose actions, suits,
&c, are or might be by such fraudulent proceedings, in any
wise disturbed, hindered, delayed, or defrauded, utterly void.
But the Act is not to extend to conveyances and assurances
made bond fide and on good considerations ; and so it will
not necessarily apply to cases where the conveyance or assign
ment of property may amount to an act of bankruptcy, and
be avoided under the bankruptcy laws if bankruptcy pro
ceedings are taken within three months (i).
Assignment of (3) Dispositions of property, fraudulent by the bankrupt
debtor's?pro-a ^aws' mav ^e ertner °f tne whole property of the debtor or
perty for past of a part thereof. An assignment of the whole of a debtor's
debt. property to one or several creditors to the exclusion of others
for past debts is a fraudulent assignment, because it prevents
the other creditors from issuing execution (k). But the
authorities establish, as a general rule, that where a sum of
money is advanced on the faith of an agreement that an
assignment (e.g., by way of bill of sale) shall be made, the
sum so advanced is to be treated as advanced on the credit of
the assignment, and is not to be considered a past debt (I) ;
but, in such a case, it will be for the Court to judge whether,
under all the circumstances, the agreement was a bond fide
one, or whether the giving of the bill of sale was purposely
postponed in order to protect the grantor's credit, and the
onus will lie on the person who sets up such prior agreement
to prove its existence, show that it was in every respect bond
fide, and give a clear and satisfactory explanation of the
reason why the giving of the bill of sale was delayed (m). If
the agreement was made, not for the benefit of the creditor,
but to enable the debtor to keep up a false credit, it will be

(i) Ex p. Games, 12 Ch. D. 314.
'£) In re Wood, L. R. 7 Ch. 302.
'l) Ex p. Fisher, L. R. 7 Ch. 636.
'm) Ex p. Kilncr, 13 Ch. D. 245 : cf. Exp. Bauxwell, 23 Ch. D. 626.

PROCEEDINGS TO RECEIVING ORDER. 29
invalid (n). Thus, where an advance of £55 was made to a chap, hi.
trader on the security of bills of sale of all his goods and
effects, which were valued at £600, and there was an agree
ment between the lender and the trader that the bills of
sale should be from time to time renewed, so as to render
it not necessary to register them, and the bills were accord
ingly renewed every nineteen days (o), and this was done
three times, and the trader then became bankrupt ; it was
held, that the last bill of sale was invalid, the transaction
amounting in effect to an assignment of all the debtor's
property for a past debt (p).
A fair and bond fide sale of the whole of a trader's pro- a bond fide
perty is not of itself an act of bankruptcy. The seller ^awlU be
receiving the purchase-money by way of consideration, the
effect of the transaction is merely to change the nature of
the property, and it is immaterial whether the seller has
any fraudulent design or not, if the purchaser acts bond fide
and pays a fair price (q).
Again, a debtor may mortgage or pledge all his property and so will a
by way of security for a present advance (r), and as in £^ffn'tfor a
times of pressure a loan of ready money of a very small advance,
amount may often enable a trader to avoid stopping payment,
and so enable him to pay all his creditors 20s. in the
pound, the Court will not say that the smallness of the
advance will make the transaction fraudulent as a matter
of law (s).
We have now to consider whether an assignment of the Assignment of
whole of the debtor's property, partly in consideration of^^yjX"
a past debt, and partly in consideration of present or for Past deot>
future advances, can be upheld. It may be taken as settled fent 'or future"
that such a transaction is not per se an act of bankruptcy (t). advances.
In Lomax v. Buxton, it was said in effect by Willes, J., that
an assignment of a debtor's property with a substantial
exception, such as might enable him to carry on his busi
ness, would not by itself be an act of bankruptcy, and that

(») Ex p. Fisher, L. R. 7 Ch. 636.
(o) The Bills of Sale Act, 1854, required registration within 21 days.
(p) Ex p. Cohen, L. R. 7 Ch. 20.
(q) Baxter v. Pritchard, 1 A. & E. 456 ; Rose v. Haycock, 1 A. & E. 460.
(r) Whitwell v. Thompson, 1 Esp. 67.
(s) Bittlestonev. Cooke, 6 E. & B. 296.
(t) Mercer v. Peterson, L. R. 3 Ex. 104 ; Lomax v. Buxton, L. R. 6 C. V.
107.

30 THE PRINCIPLES OF BANKRUPTCY.
CHAP. III. a present advance might be considered on the same footing
as a substantial exception. Of course, the amount of the
present advance will be an important element in consider
ing whether the transaction was an act of bankruptcy or
not (u), but the real test is, Did the lender intend that
the advance should enable the debtor to carry on his busi
ness, and had he a reasonable ground for believing that it
would enable him to do so ? (x).
Further ad It is not absolutely necessary that the fresh or further
vance need not advance should be made at the time that the assignment is
be made at
time of assign executed, but to prevent the assignment of all a man's
ment in certain property for a past debt and further advances to be after
cases.
wards made from being an act of bankruptcy, there must be
an agreement by the grantee to make such further advances,
and the advances must afterwards have been made. The
agreement, which, of course, must be bond fide, need not be
embodied in the instrument of assignment, but may be by
parol (y). Indeed, it is not necessary that the agreement
should be technically binding at law or in equity, and a bond
fide promise made of a further advance to enable the debtor
to carry on his business will be sufficient (0). But it will not
be sufficient that such further advances were in the contem
plation of the parties at the date of the instrument of assign
ment, and were actually made afterwards, and that the deed
was stamped so as to cover them (a).
Licences to It has been questioned whether an assignment would be
seize after- invalidated by a clause in the instrument enabling the
acquired
goods. assignee to seize all the debtor's property including that
acquired by means of the advance made. In Graham v.
Chapman (6) it seems to have been considered that an
assignment of such a kind would be an act of bankruptcy,
but if the case decides that, it must now be considered as
overruled (c).
If the debtor should become bankrupt and get his dis
charge, a person, who before the bankruptcy obtained a
licence to seize after-acquired goods, cannot seize goods
(«) Ex p. Fisher, L. R. 7 Ch. 636.
(x) Ex p. Johnson, In re Chapman, 26 Ch. D. 338, 346.
(y) Ex p. Winder, 1 Ch. D. 290 ; on app. sub nom. Ex p. Sheen, ib. 560.
(z) Ex p. Wilkinson, 22 Ch. D. 788.
(«) Exp. Dann, 17 Ch. D. 26.
(b) 12 C. B. 85.
(c) Ex p. Hauxwell, 23 Ch. D. 626. See also Button y. Crutwell, 1 E. & B.
15 ; Bittlestone v. Cooke, 6 E. & B. 296 ; Zomax v. Buxton, L. R. 6 C. P. 107.

PROCEEDINGS TO RECEIVING ORDER. 31
acquired by the debtor since the discharge, for the debt chap. hi.
being gone the licence falls with it (d).
Generally, instead of giving a licence to seize after-acquired Assignment of
goods, the debtor purports to assign them. Properly speaking, ^ood^T^^
goods to be afterwards acquired cannot be assigned, but it
has been long an established rule in equity, that where a
man purports to assign them, they will, if they are specific
and capable of being identified, pass to the grantee imme
diately on being acquired (e). But, even then, as the grantee
gets only an equitable title, if the grantor, before such
grantee takes possession of the goods, executes a legal assign
ment of them to another person, that person will be pre
ferred if he has had no notice of the prior equitable title (/).
Further, if the grantor should become bankrupt before the
grantee has taken possession of the goods, the latter's title
to them may be affected by the doctrine of reputed owner
ship (see pp. 67, 73).
An assignment of book debts to which the assignor may
hereafter become entitled is sufficiently specific, and, not
being within the Bills of Sale Acts, will be valid against a
trustee in bankruptcy, provided of course due notice of the
assignment be given by the assignee to the debtors (g). Sc
also an assignment of moneys to which the assignor may
become entitled under any will has been held to be suffi
ciently specific to be enforced (h).
The above statements as to licences to seize, and assign- now far
ments of, after-acquired goods must now be read in connec- ^*ote^
tion with the Bills of Sale Act, 1882, by s. 5 of which it is Act, 1882.
enacted, that, subject to certain qualifications, a document
coming under the description of a " bill of sale " and being
subject to that Act shall be void, except as against the
grantor, in respect of any " personal chattels " specifically
described in the schedule thereto, of which the grantor was
not the true owner at the time of the execution of the bill
of sale (i). If a bill of sale purports to assign, in the body

(i) ColeY. Kemot,!,. R. 7 Q. B. 534.
\e) Tailby v. Official Receiver, 13 App. Cas. 523 ; In re Clarice, 36 Ch. D.
348; Lazarus v. Andrade, 5 C. P. D. 318; Colhjer v. Isaacs, 19 Ch. D. 342;
Clements v. Mathews, 11 Q. B. D. 808.
If) Joseph v. Lyons, 15 Q. B. D. 280 ; Hallos v. Robinton, ib. 288.
G) Tailby v. Official Receiver, sup.
(h) In re Clarke, sup.
(t) 45 & 46 Vict. c. 43. See also ss. 3, 4, 6, and 9.

32 THE PRINCIPLES OF BANKRUPTCY.
chap. in. 0f -the instrument, after-acquired chattels by way of security,
it will be void altogether as not being in accordance with the
form prescribed by the Act of 1882 (k).
Assignment of It is obvious that there is a great difference between the
debtor'sVo- assignment of the whole and of a part of a debtor's property
perty. for a past debt. But even where part only of the property
is assigned, the transaction may amount to an act of bank
ruptcy, as being fraudulent against creditors. If the debtor
has other property of a substantial amount, whereby he is
able to carry on his business as usual, the assignment of a
portion may be perfectly good (I) ; but if it is clear, on the
whole, that the debtor, at the time of the assignment, was
in insolvent circumstances, and that a fraud on the creditors
was intended, the assignment will be invalid. Thus, in
Ex p. Pearson (m), P. recovered judgment for a sum exceed
ing £50 from a trader, and on August 8, lodged an
execution in the hands of the sheriff, who seized six of the
debtor's horses, and on August 11, before any sale had been
made by the sheriff, the debtor agreed with P. to sell him
the six horses for the amount of the debt and the sheriff s
charges. P. accordingly withdrew the execution, but left
the horses in the debtor's stables, and signed an agreement
to let the debtor have the use of them for so much a day,
and afterwards, on August 15 (on which day the debtor
filed a petition for liquidation), removed them, and sold
them for about the same price as he gave. The debtor was
insolvent at the time of the agreement with P., and it was
held, on the trustee's claiming the price of the horses from
P., that the sale to him, having been made for the purpose
of avoiding a sale by the sheriff, was a fraudulent transfer
under s. 6, sub-s. 2 of the Act of 1869 (which was similar to
the paragraph now under consideration), and was void against
the creditors.
III. If in England or elseivhere he makes any convey
ance or transfer of his property, or any part thereof, or
creates any charge thereon, which would under this or any
other Act be void as a fraudulent preference if he were
adjudged bankrupt.

(i) Thomas v. Kelly, 13 App. Cas. 506 ; and so too if it gives a "licence to
seize " any chattels ; see post, p. 101.
(Z) Young v. Waud, 8 Ex. 221.
(m) L. R. 8 Ch. 667.

see also In re Woohtenholme. Thus. lie does any of the following things. D . post. 1 Atk. PROCEEDINGS TO RECEIVING ORDER. or. that the creditor called at an unseasonable hour (x). departs out of England. remains out of Eng land. (j) See s. or begins to keep house.B. IV. This act of bankruptcy differs from the corresponding one in the Act of 1883 by being extended to cases where the goods are not sold. namely. or any interpleader issue ordered thereon is finally disposed of. But of course this may not be so where the debtor's permanent home is abroad (u). A. 4 Mor. or otherwise absents himself. The usual evidence of beginning to keep house is. (a) Ex p. Kilner. 79. the time elapsing between the date at which such summons is taken out and the date at which the sheriff is ordered to withdraw. 500. 258. and such intent will fre quently be a matter of inference. but where the sheriff has been in posses sion for twenty-one days. being out of England. hi. 25 Ch. it) Ex p. R. V. 202. another part of this treatise (s). if a man quits England or remains out of England and provides no funds to meet bills becoming due. as for in stance. But an explanation of the denial may be given. Brandon. that a debtor has given orders that he is to be denied to creditors or others. shall not be taken into account in calculating such period of twenty-one days (B. 33 The subject of fraudulent preference will be discussed in chap. it may generally be assumed that his intention is to delay his creditors (t). If with intent to defeat or delay his creditors. Provided that. Sail. p. 1). where an interpleader summons has been taken out in regard to the goods seized. departs from his dwelling-house. and a creditor is in consequence denied. s. or. If execution against him has been levied by seizure of his goods under process in an action in any court. or in any civil proceeding in the High Court. an intent to defeat or delay creditors must be shown. As to these acts of bankruptcy. The duties of a sheriff as to goods taken in execution are so closely connected with this subject that it will be con venient to consider them here. 48. 324 . 2 Dea. D. In re Trench. 1890. (*) Ex p. and the goods Jiave been either sold or held by the sheriff for twenty-one days.

But if the sheriff has notice of another execution or other executions. and must be publicly advertised by the sheriff on and during three days next preceding the day of sale (y). section 146 enacts that the sheriff is no longer Writ of elegit to deliver goods under a writ of elegit. the goods of a debtor are sold or (y) S. Thirdly.. CHAP. . deliver the goods and any money seized or received in part satisfaction of the execution to the official receiver. But a private sale without leave is not necessarily void. or when the sale of the goods is under an execution in respect of a judgment for a sum exceeding £20. when after seizure and before sale of goods. of levari facias in civil proceedings is by the same section also forbidden. or the completion of the execution by the receipt or recovery of the full amount of the levy. and not by bill of sale or private contract.34 THE PRINCIPLES OF BANKRUPTCY. on request. S. 145. s. XLIII. for the purpose of satisfying the charge. Harrison. 1890. 145. (2) " Where under an execution in respect of a judgment for a sum exceeding £20. by the receipt or recovery of the full amount of the levy. must. By that section : Duties of (1) " Where any goods of a debtor are taken in execution ■heriff as to goods taken and before the sale thereof. post. unless the Court from which the process issued other wise orders. and the official receiver or trustee may sell the goods. In the first place. A. s. 249. S. notice is served on the sheriff that a receiving order has been made against the debtor. be made by public auction. but the costs of the execution shall be a first charge on the goods or money so delivered. 11 of the B. 407. or the completion of the execution in execution. by s. the sale executions to be public. who may appear before the Court and be heard upon the applica tion (B. goods of a debtor under an execution for a sum exceeding Sales under twenty pounds (including legal incidental expenses). or money is paid to avoid sale. further points out the sheriff's duties. (z) K. and the issue of writs not to extend to goods. C. p. 1 Man. 12) (*). 8—15. or an adequate part thereof. A. the Court will not consider an application for leave to sell privately until the notice directed by rules of court has been given to the other execution creditor or creditors. 146. at least outside bankruptcy : Crawshaw v. 1890. the sheriff shall. Secondly. III. 145. he receives notice of a receiv ing order against the debtor. 0. rs. where the sheriff sells the S.

of the Bankruptcy Act. The period of fourteen days during which the sheriff must (a) Ex p. 2. and a person who purchases the goods in good faith under a sale by the sheriff shall in all cases acquire a good title to them against the ti-ustee in bankruptcy " (B. 1883. 35 money is paid in order to avoid sale. 1890. but the sheriff. and sub-s. It will be noticed that sub-s. and where the execution is in respect of a judgment for a sum exceeding £20. and retain the balance for fourteen days. exceeded £50. as the case may be. and a receiving order is made against the debtor thereon or on any other petition of which the sheriff has notice. PROCEEDINGS TO RECEIVING ORDER. though the judgment debt by itself did not exceed that amount (a). Probably a similar construction would be put on the words of s. A. D 2 . R. A. That section was held to apply to a case where the sum for which the sheriff levied. including the costs of execution. to the execu tion creditor ? Looking at the corresponding section (87) of the Act of 1869 (where the amount was " a sum exceeding £50 "). the sheriff shall pay the balance to the official receiver or. sub-s. and if within that time notice is served on him of a bankruptcy petition having been presented against or by the debtor. retain the balance for the fourteen days. Liverpool Loan Co. L. A. (3) " And by section 46 (3) of the B. levies for an amount exceeding £20. and the execution has not been com pleted by the receipt or recovery of the full amount of the levy whatever the amount of the judgment may be. in order to pay himself the costs of and incidental to the execution. or money has been paid to avoid such sale. 7 Ch. his costs of the execution from the proceeds of sale or the money paid. 732. s. by sub-s. an execution levied by seizure and sale on the goods of a debtor is not invalid by reason only of its being an act of bankruptcy. 1 is applicable where the sale has not taken place. 2 where a sale has taken place. who shall be entitled to retain the same as against the execution creditor" (B. will sub-s. it is assumed that in such a case he must. 1883.. 2 in such a case apply ? Or may he at once pay over the £18. s. hi. to the trustee.£18. 11). Suppose the amount of the judgment is . if in hand. 11. the sheriff shall deduct chap. 46 (3) ). and the decisions thereon. 2. 1890.

19 Eq. Villar. the creditor was held not entitled to retain the proceeds of the second seizure and sale. is not allowed to retain the benefit of an execution except both the seizure and the sale take place before the date of the receiving order. L. or to the first act of bankruptcy within three months next preceding the presentation of the petition (s. R. will relate back to and commence at the time of the act of bankruptcy being committed on which a receiving order is made against the debtor. if he had no notice of a prior act of bankruptcy available for adjudication against the debtor. s. and consequently paid over the money to the execution creditor. p. 438. could not be compelled to hand it to the trustee if the debtor afterwards became bankrupt (c). p. B. grounded on the first seizure and sale. 43). the latter. received the amount.. L. and not from the date when the pro ceeds of sale are received by him (6). committed within three months of the presentation of the petition on which the receiving order is made : see s. 11 (2) B. But where a creditor issued a second execution against a trader for a debt above £50. 34. 22). Soss $ Co. 168. 81). committed by the debtor. .hold the proceeds of the goods sold commences to run from the date of the sale. 9 Ch. by s. ante. and the trustee's title related back to the act of bankruptcy on which the adjudication was made (d ). 1890. ante. Again.36 THE PRINCIPLES OF BANKRUPTCY. Iir. an act of bank ruptcy. and before notice of the presentation of any bankruptcy petition or of the commission of any available (e) act of bankruptcy by the debtor: it would seem then to follow that an execution creditor who has received the proceeds of a second execution will not be allowed to retain them (b) In re Cripps. 21 Q. is. 472. 439. The bankruptcy of the debtor. inasmuch as when he received them he had notice of an act of bankruptcy (namely the first seizure and sale). and a bankruptcy petition. if the same are sold or held by the sheriff for 21 days. and so the trustee's title. A. and. 45 (post. R. was| presented within six months thereof. as we have seen above (p. D. it was held under s. Dawet.. This is still good law : cf. and a creditor. (c) Exp. An execution levied against a debtor by seizure of his goods. p. no notice having been given to the sheriff within fourteen days.e. (e) i. 2. chap. (rf) Ex p. 87 of the Act of 1869 that if the sheriff received no notice of a petition within the fourteen days.

S. within seven days after service of the notice. then within the time limited in that behalf by the order giving leave to effect the service. PROCEEDINGS TO RECEIVING ORDER. B. Bums-Burns {Trustee of) v. either comply with the requirements of the notice. the creditor's solicitor will also be deemed to have notice : In re North. of which act of bankruptcy the execution creditor will be deemed to have notice (/). p. VII. 1 Q. ante. has served on him in England. As to time. Moore (1894). If a creditor has obtained a final judgment against him for any amount and execution thereon not having been stayed. 1 of B. note. after retention thereof for 14 days. and in case the service is effected elsewhere. see s. . 304. 37 against the trustee if the debtor be adjudicated bankrupt chap. on a petition presented within three months of the first execution levied on behalf of the creditor. by leave of the Court. L. or presents a bankruptcy petition against himself. VI. though the sheriff has paid him the proceeds of the execution. or satisfy the Court that he has a counter-claim. or. or to secure or compound for it to the satisfaction of the creditor or the Court. Again. If he files in the Court a declaration of his inability to pay his debts. the execution creditor. Brown (1895). Two or more judgment debts cannot he included in the (/) Figg v. and he does not. that being (under s. elsewhere. 690. 11 T. and MS. requiring him to pay the judgment debt in accordance with the terms of the judgment. 1890. set off or cross demand which equals or exceeds the amount of the judgment debt> and which he could not set up in the action in which the judgment was obtained. 324. A. R. a bankruptcy notice under this Act. 95 (ante. when such execu tion has been so levied by seizure and sale of the goods or by their retention by the sheriff for 21 days. Semble. 141. 5) will show in what Court the declaration or the bankruptcy petition is to be filed. 2 Q. p. an available act of bankruptcy. 22). in case the service is effected in England. may have his title thereto defeated by reason of the act of bankruptcy committed by the sheriff having held the goods for 21 days. it has been held that if an execution has not been completed by sale or receipt of the amount of the levy before the sheriff has been in pos session for 21 days. B. of which he has had notice.

1 Q. further proceedings should be stayed. 1890. 13 Q. to issue execu tion on a judgment obtained by the testator. "A creditor who has obtained a final judgment" must now be construed to mean any person who is for the time being entitled to enforce a final judgment (I). 22 Q. r. («) Exp. D. 87. 509. D. 342. 7 Mor. and no such leave has been obtained (k). that on the defendants paying the plaintiff's taxed costs. h) Ex p.in. Ex p. D. Woodall. And a " balance order " made in the voluntary winding-up of a company on a contributory." and so non-compliance with it is not an act of bankruptcy (n). 181. cannot serve a bankruptcy notice on the judgment debtor (i). 42. by consent. . if execution could not have issued against him with out leave under' 0. 357. Grimwade. it was held that the order for payment was not a final judgment (p). And if judg ment has been obtained against a firm. are now overruled. B. B. Chinery. and the costs were taxed. 0HAP. {p) Ex p. 10). Harper. So too. r. 48a. of the Judicature Rules. D. B. B. (») Ex p. D. 755. 303 . 23. but interest on the judgment debt may be included (h). 13 Q. Schmitz. where an action for specific performance was compromised. was held not to be a final judgment (o).8. 42. a bankruptcy notice cannot be served on a member of it in respect of the judg ment. Neither is an order [g) In re Low (1891). (h) In re Lehmann.38 THE PRINCIPLES OF BANKRUPTCY. Bankruptcy A creditor can serve his debtor with a bankruptcy notice notice. and the trustee in bankruptcy of a judgment creditor could not respectively serve a bankruptcy notice on the judgment debtor. The executor of a creditor who has not obtained leave. D. D. B. B. Slanchett. Ide. under O. but such payment was not made. and thus decisions (m) that the assignee of a judgment debt. under this Act only when a final judgment has been obtained against the debtor. (o) Ex p. (m) Exp. Ex p. It has been held that a garnishee order absolute is not a " final judgment. 147. 12 Q. and another order was then made. B.same bankruptcy notice (g) . 17 Q. A. for the payment of calls which had been made upon him before the commencement of the winding-up. that the defendants should pay them by a certain day. 476 . 8 of such Rules (replacing 0. In re Sanders. Whinney. r. B. 1. (J) B. 17 Q. 12 Q. 479. 17 Q. D. and an order was then made. B.

262. (x) Exp. B. a bankruptcy notice might be served in respect of it. and that. B. 20 Q. 20 Q. D. 6 Mor. and directing that plaintiffs taxed costs should be paid by defendant. An order for payment of money made under section 10 of the Companies (Winding-up) Act. (u) See 56 & 57 Vict.. c. (r) In re Einstead. 37 W. though the debtor might have shown by evidence that fie was prevented by the act of his creditor from complying with the bankruptcy notice. Strathmore. D. Moore. and so. that was held not to be a stay of execution under the sub-section. by showing that he had money with which he would have paid the debt if the garnishee order had not been served on him (a. a " final judgment. 9 Mor. 20 Q. Where the creditor within the seven days obtained a charging order on shares belonging to the debtor. 68.g.). But after a garnishee order absolute has been served on a judgment debtor." But where plaintiff obtained judgment against defendant. e. 14 Q. this was held not to be a ground for dismissing the notice. where a judgment creditor of the creditor after the service of the bankruptcy notice garnished the debt due to the creditor. PROCEEDINGS TO RECEIVING ORDER. 1890. (z) In re Sedgwick. 509. (<) Exp. B. it was held that the order for the payment of the costs was a final judgment. B. dissolving a partnership. . nor an order for the payment of costs by a co-respondent in divorce (r). (j) Ex p. Henderson. 319. 263. suffi- (?) Exp. 690. The words " execution thereon not having been stayed " refer to a stay of execution before the service of the bank ruptcy notice . (y) In re Connan. D. the debtor not having shown that the creditor's act prevented him from paying (z). 39 for the payment of alimony pendente lite (q). after the taxation. though the inquiry as to damages was not prosecuted (t). execution on the judgment must be taken to be stayed so long as the order remains undischarged and the creditor cannot serve a bank ruptcy notice in respect of the judgment debt (y). nor an order dismissing an action for want of prosecution (s). Dennis. 627. D. 612. is to be deemed a final judgment («). Where goods taken in execution under a judgment. R. ordering an inquiry as to damages (which were to be paid within fourteen days after the chief clerk's certificate).

If part of the judgment debt has been paid. 9 Mor." was held bad (/). In re Bates. B. 136—142. after deducting the value of the goods so taken (6). and others." a notice re quiring the debtor to pay to " H. (/) In re Howes. 80.—either to comply with the bankruptcy notice. . 4 Mor. though he may do so on the hearing of the petition (h). 4 (2): Bs. (A) In re Hasten. and must state the consequences of non-compliance therewith. execution on the judgment i3 stayed within the meaning of the words above set out (a). chap. (e) See and cf. B. or cross demand. and others. (*) In re Bates. The debtor cannot ask the Court to go behind the judgment when he applies to set aside the bankruptcy notice. plaintiffs. 4 Mor. but no such notice can be served on a. It will be noticed that by the leave of the Court a bank ruptcy notice may be served on a debtor out of England. which he could not set up in the action in which the judgment was obtained. set-off. Thus where the judg ment was headed "H. 8 Mor. 18 Q. that is to say :—" If (a) Ex p. Pearson. (g) In re Child. and be served in the manner prescribed by the rules (c) . and an interpleader order is made under which the sheriff withdraws from possession.40 THE PEINCIPLES OF BANKRUPTCY. the notice should only require payment of the balance (g). Ex p. (1892) 2 Q. 369. 192. ■ Arrest of The Court may order a debtor to be arrested under the following circumstances. 103. A strict compliance with the rules is more important in the case of a bankruptcy notice than in the case of a petition (d). but the Court has power to allow amendments (e). 628. 10 Mor. (i) In re Pearson. (d) In re Collier. 183. equalling or exceeding the amount of the judgment debt. But where the goods taken in execution are not equal in value to the amount of the judgment debt. 111. 10 Mor. trustees. inter alia. 192. B. In re Miller. The notice should follow the judgment. Ford. cient to satisfy the judgment debt. in. foreigner out of the juris diction (i). D. are claimed by a third party. The alternatives open to a debtor served with a bankruptcy are. execution is not stayed as to the balance of the judgment debt. and a similar interpleader order is made. 263. (1892) 2 Q. A bankruptcy notice must be in the prescribed form. or to satisfy the Court that he has a counter-claim. (c) S.

are difficult to reconcile. or (k) is about to abscond with a view of avoiding payment of the debt in respect of which the bankruptcy notice was issued. In re Wolstenholme. See post. If the debtor gives notice to any of his creditors that he has suspended. In re Lamb. T. (1894) 1 Q. s. see also In re Waite. (1891) App. 2 Mor. 116. 694 : cf. [o) Ex p. or that he is about to suspend. 469. p. VIII. 25 (a). D. A. Morley. per se. the refusal of which would only leave him suspension of payment as an alternative. 471. (m) Ex p. . 316. pay ment of his debts. A statement that a man is unable to pay his debts in full might not. to constitute an act of bankruptcy. it appears to the Court that there is probable reason for believing that he has absconded. Though the notice be given " without prejudice. 4 Mor. 52 L. The decisions under this sub-section being mainly decisions on the construction of words. 512 . or of otherwise avoiding. 41 after a bankruptcy notice has been issued under this Act. or of avoiding service of a baukruptcy petition. or after presentation of a bankruptcy petition by or against him. and a mere casual conversation will not amount to a notice of suspension of payment (n). (?) In reDaintrey. In re Walsh. but it must be given formally and de liberately. In re Simonson." it is admissible as proof of the act of bankruptcy (q). 7. 13 Q. (p) See Crook v. such a notice would be within the sub section (p). But as to whether a notice amounts to an act of bankruptcy under this sub-section. B. 25. Morley. Nickoll. sup. B. the true test seems to be. D. 13 Q. and need not be discussed in detail. . What effect would the notice produce on the mind of the creditor receiving it as to the intention of the debtor with regard to his creditors Up). (1893) 2 Q. or of avoiding examination in respect of his affairs. amount to an act of bankruptcy under the sub-section (o). 433 . B. In) Ex p. 1 Man. or of avoiding appearance to any such petition. or embarrassing proceedings in bankruptcy against him " (I). This notice need not. B. PROCEEDINGS TO RECEIVING ORDER. 120. (l) S. 213 . 1890. There may be an act of bankruptcy though the suspension indicated in the notice is only temporary (p) : and if the debtor offers a composition to his creditors. Oastler. Oastler. delaying. Crook v. (k) These words are added by the B. be in writing (m). Cas.

CHAP. D. or of some person on his behalf having knowledge creditor't of the facts. or compound for a judgment debt. R. 38 W. 62. 558. 387 . may make a receiving order in pursuance of the petition. enquire into the consideration of a judgment debt. 404. R. 22 Q. 16 Q.7. or is satisfied by the debtor that he is able to pay his debts. of some one of the alleged acts of bankruptcy. Ball. B. Griffin. .. A petition presented not with the bond fide view of obtaining a receiving order. In re Hawkins. though there be a good debt and an avail able act of bankruptcy (s). and the debtor must show that the judgment was obtained by fraud or collusion. it will be well to refer to the pro visions contained in sections 7 and 8 respectively. Where the debtor appears on the petition. D. Troup. or of the act of bankruptcy. A creditor's petition is to be verified by affidavit of the and°OTde™n credit°r. Exp. but for a collateral purpose. or that he is indebted to such an amount as would justify the petitioner in presenting (r) See Ex p. Tfle petition„—The several acts of bankruptcy having been now dealt with. B. B. 315 . And first. In re Vitoria. (1895) 1 Q. the petition will next occupy our attention. and of the act of bankruptcy. 83 . 480 . s. or a miscarriage of justice (<). In re Baker. refuse to make a receiving order. and served in the prescribed manner. D. as to pro ceedings on a petition presented by a creditor or by the debtor. may be dismissed. stay or dismiss the petition on the ground that an appeal is pending from the judgment. petition. 12 Ch. if it thinks fit. Exp. if satisfied with the proof.. or that for other sufficient cause no order ought to be made. and. Ex p.42 THE PRINCIPLES OF BANKRUPTCY. but the mere fact that such appeal is pending is not a sufficient ground for staying proceedings. («) See and cf. secure. (1894) 2 Q. (<) In re Elatau. If the Court is not satisfied with the proof of the petition ing creditor's debt. of the service of the petition. if more than one act of bank ruptcy is alleged in the petition. and denies that he is indebted to the petitioner. and. if not satisfied with it. or. the Court may. Lennox. in. When the act of bankruptcy relied on is non-compliance with a bankruptcy notice to pay. the Court may dismiss the petition. or of the service of the petition. in a proper case. The Court at the hearing of the petition may. 36 W. B. but it has no power to set aside the judgment (r). hearing the Court is to require proof of the debt of the petitioning creditor.

Neither a creditor's nor a debtor's petition can. 8. 11 T. PROCEEDINGS TO RECEIVING ORDER. 106 . 21 : see In re Maund. be withdrawn without leave (u). . instead of dismissing the petition. 10<S). 107) : but where the petition has been dismissed. on such terms as it thinks just. the Court may substitute as petitioner any n^fof0^. Where the petitioner does not proceed with due diligence Power to on his petition. (y) S. (a) Ex p. and of the costs of establishing the debt. may. to pay his debts. 143—169. unless the Court otherwise ondeatiTof^" orders. R. (i) S. Where two or more bankruptcy petitions are presented Consolidation against the same debtor or against joint debtors. 550. and the Court shall thereupon make a receiving order (x). the Court may order ser- («) Ss. see In re Abbott. 34 W. B. B. A debtor's petition shall allege that the debtor is unable S. who had presented a petition. \z) In re Maugham.and order on deemed an act of bankruptcy without the previous filing debtor's by the debtor of any declaration of inability to pay his Petition- debts. the prior petition.Continuance sented dies. died before his creditors passed any resolutions. (r894) 1 Q. And now where a debtor dies before service of a petition which has been filed against him. the Court may. and shall thereupon dismiss. D. the Court adjudged him bankrupt (a). 442. R. if by reason of the delay caused by such stay or for any other cause it thinks just. the proceedings shall. make a receiving order on the petition of some other creditor. after presentment. If a debtor by or against whom a petition has been pre. stay all pro ceedings on the petition for such time as may be required for the trial of the question relating to the debt. 21 Q. the Court. and the presentation thereof shall be Pr°ceedings 11 z-ii -i • r>i. Sharp. 43 a petition against him. 8. L. the application to the Court for an order of sub stitution should be made within three months of the act of bankruptcy {z). be continued as if he were alive (s. 8 : Rs. 7. 126. amount of £50 (s. on such security (if any) 0HAp. other creditor to whom the debtor may be indebted to the ceedings. When proceedings are stayed.m> being given as the Court may require for payment to the petitioner of any debt which may be established against him in due course of law. the Court ° Petltions- may consolidate the proceedings (y). Thus where deotor- a debtor.

either stay the proceedings or allow them to continue on such terms as it may think just (c). on such terms and subject to such conditions as the Court may think just (s. . 170—175. 1890 . no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt. But this section shall not affect the power of any secured creditor to realize or otherwise deal with his security in the same manner as he would have been (b) This was not so prior to Jan. CHAP. and before a receiving order is made. —If the Court should make a Effect of receiving order the question then arises. except as directed by this Act. may. at any time after the presentation of a appointment oi receiver and petition. on proof that a petition has been presented by or against the debtor. What is the effect receiving order. if it is shown to be necessary for the pro powers as to tection of the estate. vice to be effected on his personal representative. debtor. of it ? This is shown by s. see In re Hast/. S. or of any part thereof. P. proceedings under a petition. which provides that " on the making of a receiving order an official receiver shall be thereby constituted receiver of the property of the debtor. for sufficient reason. 109). and any court in which proceedings are pending against a debtor. and direct him to take imme diate possession thereof or of any part thereof. 92 . Where the Court makes an order staying any action or Service of proceeding. and thereafter. and s. 10 . or shall com mence any action or other legal proceedings unless with the leave of the Court and on such terms as the Court may impose. the order may order staying be served by sending a sealed copy thereof by prepaid post proceedings. (rf) S. or other legal process against the property or person of the debtor. 9.. 10. (e) S. 11. or on such other persons as it thinks fit (R. stay the proceedings. letter to the address for service of the plaintiff or other party prosecuting such proceeding (d). 9. 109. execution. III. R. Powers of the Court. or staying proceedings generally. appoint the stay of pro official receiver to be interim receiver of the property of the ceedings. either altogether or for a limited time. 156 A) (6). 19 Q. D. Effect of Receiving Order. S. after Presentation of Petition. S. The Court may at any time after the presentation of a petition stay any action. Discretionary —The Court may. 11 : cf. Power to stay The Court may at any time. see Rs.44 THE PRINCIPLES OF BANKRUPTCY.

D. 14. hi. and description of the debtor. See ante. which provides that "if in any case s. —Under the late Act inconvenience was sometimes caused by the Court making an order of adjudication against a debtor where there had been already an Irish adjudication or a Scotch sequestration (t) : such an order it may be presumed will now rarely be made in consequence of s. and if satisfied that the nature of the m^ger!1'60" debtor's estate or business or the interests of the creditors generally require the appointment of a special manager of the estate or business other than the official receiver. 13. 22. Power to appoint Special Manager. 125. and with such powers (including any of the powers of a receiver). Annulment of Receiving Order. 9. upon an application by the official receiver. 22 Ch. by resolution at an ordinary meeting. 510. 45 entitled to realize or deal with it if this section had not chap. 182. 70 (a). or any in certain creditor or other person interested. as may be entrusted to him by the official receiver. 342—344. (i) Ex p. — The official S. u. 12. 14 Ch. 13 : R. 816. Robinson. order. T. 331. McGulloeh. PEOCEEDINGS TO RECEIVING ORDER. The special manager must give security and account in such manner as the Board of Trade may direct. his estate and effects ought to be (e) S. The special manager receives such remuneration as the creditors may. that a majority of the ' creditors in number and value are resident in Scotland or in Ireland. ordeT. D. Ex p. Where a special manager is not appointed the official receiver is to act as manager (s. where a receiving order has been made on a bankruptcy Power of petition it shall appear to the Court by which such order was fece[vin°» order made. receiver of a debtor's estate may. Advertisement the date of the order. on the application of any Tower to creditor or creditors. p. (A) In re Whittaker. address. or other causes. the Court by which the order is made. 38—46. 12: cf. and the Court will not interfere with the discretion of the official receiver in refusing to appoint one (h). If) S. 716 . as may be pre scribed (g). stating the name. Rs. or in default of any such resolution.6"™" and the date of the petition. . p. S.—Notice of every receiving S. post. been passed" (e). 50 L. is to be gazetted and advertised in a local paper as prescribed (/). Notice of Receiving Order. and that from the situation of the property of the debtor. appoint a manager thereof accordingly to act until a trustee is appointed. deter mine. 144).

(n) See In re Hester. B. 1890 (post. 244. A. D. In re Dixon and Cardus. Wemyt. a receiving order may be rescinded or annulled if the debtor or his friends pay the creditors in full (m).P. 24 Q. \V) E. but in exercising its discretion it will consider the interests. 3 of B. 22 Q. B. A. 5 Mor. B. (k) In re Artola Hermanot. (1893) 2 Q. and there are no objections to the validity of the receiving order. and then ask the Court to rescind the receiving order. 13 Q. A. in its discretion. 1890 (I). 640. but of the commercial public. 219. 208. for the proper course in such a case is to propose a composition or scheme of arrangement under s.. Thirdly. after such inquiry as to it shall seem fit. B. 51)." But the fact that debtors have been made bankrupt in a foreign country. S. may rescind the receiving order and stay all proceedings on. Ex p. in. 632 . (m) Ex p. it will not be enough for the debtor to get the assents of his creditors. 1883 . D. may. 134b). the said Court. D.not only of the creditors. B. The Court. p. Notice of an application to rescind a receiving order or annul an adjudication must be served on the official receiver (R. 291. if any. D. 0. as the Court may think fit. is no ground for staying proceedings on a receiving order rightly made against them in this country (k). and require the debtor to show conclusive reasons for not following the ordinary procedure under the Bankruptcy Acts (n). Jnre JFlatau. But if the debts are not paid in full. 619. 3 of B. rescind the receiving order under such circumstances. OHA. . 18 Q. or dismiss the petition upon such terms. 18 of B. decisions under repealed s. see also Inre Leslie. no doubt. distributed among the creditors under the Bankrupt or Insol vent Laws of Scotland or Ireland. The receiving order will also be rescinded or annulled where the Court sanctions a composition or scheme under s. which is not their country of domicil.46 THE PRINCIPLES OF BANKRUPTCY.

Statement of Affairs. for special reasons. The statement must be so sub mitted within the following times. within seven days from the date of the order . extend the time. the names. inspect this state- . debtor. the Court may. Any person stating himself in writing to be a creditor of the bankrupt may. against a debtor. within three days from the date of the order : (ii) If the order is made on the peti tion of a creditor. and the bank ruptcy may be annulled. the securities held by them respectively. or of any creditor. ag^611* °f verified by affidavit. hi. however. PROCEEDINGS AFTER RECEIVING ORDER. If the debtor fails without reasonable excuse to comply with the requirements of this section. and occupations of his creditors. accept a composition or scheme. personally or by agent. and showing the particulars of his assets. adjudge him bankrupt. 16. and such further or other information as may be prescribed or as the official receiver may require. on the application of the official receiver. Before.—Where a receiving order is made s. one of three courses may be followed : (1) the credi- tors may accept a composition or scheme of arrangement without the debtor being adjudicated bankrupt : (2) the debtor may be adjudicated bankrupt : (3) the debtor may be adjudicated bankrupt and the creditors may. namely : (i) If the order is made on the petition of the debtor. the dates when the securities were respectively given. but the Court may. after the adjudication. debts. residences. the creditors assemble at their first meeting the debtor must prepare and submit a statement of his affairs. and liabilities. CHAPTER IV. he must make out and submit to the official Debtor's receiver a statement of his affairs in the prescribed form. A receiving order having now been made against the chap.

the Court may make an order dispensing with such examination. every debtor against whom a receiving order has been made must go. 2. and at such place. employ some person or persons to assist in its preparation (a). 326. subject to prescribed conditions. 16). 189 A. if it thinks fit. 2 . A. the Court may in certain exceptional cases rescind the receiving order. dispense with the public examination of one of such joint debtors if he is unavoidably prevented from attending the examination by illness or absence abroad (c). 246. (b) In re Cronmire. E. 263. \c) S. B. as to the Court seems ex pedient (d). (1) For the purpose of approving a composition or scheme by joint debtors. but any person untruthfully so stating himself to be a creditor shall be guilty of a contempt of Court. 324. 70 . This is an ordeal through which. Bank. . and on the report of the official receiver that it is expedient so to do.—The next matter of importance is the debtor's public examination. 125. and shall be punishable accordingly on the application of the trustee or official receiver (s. S. iv. S. however. 338. and in such manner. and take any copy thereof or extract therefrom. and at the expense of the estate. or directing the debtor to be examined upon such terms. 70 (2). exceptions :— S. the Court may. but which the Court believes to belong to the debtor (b). (1894) 2 Q. 217. cf. Public Examination. (3) As mentioned in the preceding chapter. 218.48 THE PRINCIPLES OF BANKRUPTCY. If the debtor cannot himself prepare a proper statement the official receiver may. 105 (6). chap. Its. whether the proceedings result in a composition or scheme of arrangement or in bankruptcy. ment at all reasonable times. (2) Where the debtor is a lunatic or suffers from any such 1890^ Act' mental or physical affliction as in the opinion of the Court makes him unfit to attend his public examination. 105 (6). as a rule. s. [d) B. though the debtor has not undergone a public examination. The provisions of the Act as to the public examination are shortly as follows :— S 17 Where the Court makes a receiving order it is to hold a (o) S. 1890. A debtor may be ordered to prepare a statement of the affairs of a business carried on by him ostensibly for another person. There are.

184—189. 1890. Such notes of the examination as the Court thinks proper are to be taken down in writing. and property. s. (h) B. B. s. if specially authorised by the Board of Trade. and be put. A. and summoned and regulated according to the rules in Schedule I. When the Court considers that the affairs of the debtor have been sufficiently investigated. A. (/) See In re A Solicitor. but not until after the day appointed for the first meeting of creditors (h). attend the first meeting of his creditors (to be held as soon as may be after the making of the receiving order. see Rs. PROCEEDINGS AFTER RECEIVING ORDER. for tbe examination chap. may question the debtor concerning his affairs and the causes of his failure. 2 (1). and p. B. 17. 19 Q. B. and the debtor must attend thereat. unless prevented by sickness or other sufficient cause. 1883.B.—Every debtor against whom a S. and for the purpose thereof. 16. See infra. or his re presentative authorized in writing. The debtor is to be examined upon oath. D. These notes are open to the inspection of any creditor at all reasonable times. 67. B. A. 1890 (k)) . and may thereafter be used in evidence against him (/) . and the Court may also put questions to the debtor. receiving order is made must. but they cannot be used by the trustee as evidence in proceedings in the same bankruptcy against parties other than the debtor (g). (i) Reg. A. The official receiver must take part in the examination of the debtor. s. may employ a solicitor with or with out counsel. 67 A. 572. Registrar of Greenwich County Court. iv. The amination of examination is to be held as soon as conveniently may be after the expiration of the time for the submission of the statement of affairs. If a trustee is appointed before the conclusion of the examination he may take part therein . on a day to be appointed. and must answer all such questions as the Court may put or allow to be put to him. Rs. and are to be read over either to or by the debtor and signed by him (e). Any creditor who has tendered a proof. 49 public sitting. v. 1890. 183. 1883. 17 . 25 Q. \k) B. of the debtor. D.Hc ex_ examined as to his conduct. 15 Q. s. E . 323 C. As to shorthand notes. R. 15. dealings. and the Court may adjourn it from time to time. and ss. (g) In re Briinner. it will declare the examination concluded. 2 . 54. but a counsel need not be (i). D. A. Meetings of Creditors. 18 and 22 of the B. and must submit to such examination and give [e] B. It has been held that a solicitor who appears for a creditor must be authorised in writing.

summons it by giving not less than seven days' notice of the time and place thereof in the Gazette and in a local paper. Composition or Scheme of Arrangement. receiver. In addition to the usual meetings held. before much ex pense has been incurred. unless the Court Chairman of for any special reason appoint a later day. —In many cases it will be advisable for the creditors. A. Under the repealed s. or whose nominee. 18). 181). 1—4. this proposal was made at the first meeting. it will (0 S. 1. The first meeting is to be summoned for a day not later than fourteen days after the date of the receiving order. 18 of the Act of 1883. s. and if the creditors resolved to entertain it.. p. chap. but the proceedings at the first meeting are not to be invalidated by reason of any such notice or summary not having been sent or received before the meeting (m). rs. 7. A. 24 (l). (m) Sch. The debtor must now follow the procedure laid down in s. 1890 (post. p. is to be the chairman of the first meeting. any creditor. to resolve to entertain a proposal from the debtor for a composition or scheme of arrangement. which. iv. and the place at which it is to be held is to be such as he considers most convenient for the majority of the creditors. of the Act (post. A. The rules regulating the meetings of creditors and votes and proxies are set out in Schedule I. 3 of the B. The official receiver is also to send as soon as practicable to each creditor mentioned in the statement of affairs a notice of the time and place of the first meeting. including the causes of the debtor's failure and any observations thereon which the official receiver may think fit to make . a second meeting for the confirmation of the resolution was necessary. with the concurrence of one-sixth in value of the creditors (including himself). The deposit will be repaid if the creditors or the Court so direct (B. the trustee or official receiver is to call such meeting within fourteen days. may at any time request the trustee or official receiver to call a meeting of the credi tors. 1890. sucn information as the meeting may require (I). with a summary of the statement of affairs. who.50 THE PEINCIPLES OF BANKRUPTCY. . and some further pro visions as to proxies are to be found in s. and upon the person at whose instance the meeting is to be summoned depositing a sufficient sum to pay the costs of summoning the meeting. 22 of the B. 183). 1890. The official first meeting.

signed by him. PROCEEDINGS AFTER RECEIVING ORDER.. if the amendment is. as the official . .. This important section is as follows :— 3. or within such of arrange- time thereafter . the Court must refuse its approval of the debtor's proposal. a copy of the debtor's proposal with a report thereon .—" (1) Where a debtor intends to make a proposal for Bankruptcy a composition in satisfaction of his debts. the same shall be deemed to be duly accepted by the creditors. em. posal. Again. 51 be seen. and if at that meeting a majority in number and three-fourths in value of all the creditors who have proved resolve to accept the proposal. receiver may fix. or under a judgment against hiin as a co-respondent in a matrimonial cause. or a proposal for a Act' 18^°'s' 3- scheme of arrangement of his affairs. and send to each creditor. in the £ on all the unsecured debts. in the opinion of the Pr0Pcsal- official receiver..der Pr0" . and when approved by the Court shall be binding on all the creditors. " (3) The debtor may at the meeting amend the terms Amendment of of his proposal. a composition or scheme accepted and approved does not release a debtor from any liability under a judgment in an action for seduction. " (4) A. section if any facts are proved which in a bankruptcy would compel the Court to refuse. lodge with the Proposal. addressed to the official receiver so as to be received by him not later than the day preceding the meeting. he shall. " (2) In such case the official receiver shall hold a meeting Meeting to of creditors.. iv. unless there is reasonable security for the payment of not less than 7s. E 2 . does not require a confirmatory meeting. before the public examination of the debtor is cons.debtor. within four ^™?oheme? days of submitting his statement of affairs. calculated to benefit the general body of creditors. 6d.ny creditor who has proved his debt may assent to or dissent from the proposal by a letter. By this chap. or under an affiliation order. vby official receiver a proposal in writing. in the prescribed form. before the meeting. is desirous of submitting for the consideration of his creditors. 196. except to such extent and under such conditions as the Court expressly orders. bodying the terms of the composition or scheme which he R.. and any such assent or dissent shall have effect as if the creditor had been present and had voted at the meeting. concluded. suspend or attach conditions to a dischai-ge. and setting out particulars of any sureties or securities pro posed.

52 THE PRINCIPLES OF BANKRUPTCY. D. CHAP. and as to the conduct of the debtor. would be required either to refuse. before approving the proposal. the general body of creditors. "(6) The application shall not be heard until after the conclusion of the public examination of the debtor. " (10) In any other case the Court may either approve or refuse to approve the proposal. Refusal of " (8) If the Court is of opinion that the terms of the approval by proposal are not reasonable. but shall not release the debtor Bankruptcy from any liability under a judgment against him in an action Act. IV. or attach con ditions to the debtor's discharge were he adjudged bankrupt. " (5) The debtor or the official receiver may. On whom " (12) A composition or scheme accepted and approved in composition pursuance of this section shall be binding on all the creditors or scheme binding. Rs. s. B. or in any case in which the Court is required where the debtor is adjudged bankrupt to refuse his discharge. p. Any creditor who has proved may be heard by the Court in opposition to the application. («) The report is prima facie evidence of the facts contained in it: Exp. the Court shall refuse to approve the proposal. 196—216. 213. "(11) If the Court approves the proposal. and any objections which may be made by or on behalf of any creditor (to). 15 Q. " (7) The Court shall. s. Cases where " (9) If any facts are proved on proof of which the Court security must be provided. notwithstanding that he may at a meeting of creditors have voted for the acceptance of the proposal. (Cf. after the Approval by proposal is accepted by the creditors. suspend. 1890. or are not calculated to benefit Court. apply to the court Court of to approve it. . 150). 201. Campbell. R. and notice of the time appointed for hearing proposal. so far as relates to any debts due to them from the debtor Cf. 37. hear a report of the official receiver as to the terms thereof. the approval may be testified by the seal of the Court being attached to the instrument containing the terms of the proposed compo sition or scheme. the application shall be given to each creditor who has proved. or by the terms being embodied in an order of the Court. and provable in bankruptcy. 10. the Court shall refuse to approve the proposal unless it pro vides reasonable security for payment of not less than seven shillings and sixpence in the pound on all the unsecured debts provable against the debtor's estate.

but without prejudice to the validity of any sale. proceed without injustice or undue delay to the creditors or to the debtor. of the principal Act shall. " (13) A certificate of the official receiver that a compo. . and order ap proving the composition or scheme. apply thereto. composition or in pursuance of the composition or scheme. the Court may..Certificate sition or scheme has been duly accepted and approved shall. 37— nature of the case and the terms of the composition or 65-J scheme admit.' ' bankrupt. in the absence of fraud.chap. or for any sufficient cause. adjudge the debtor bankrupt. ss. or under an affiliation order. in consequence of legal difficulties. any debt provable in other respects..' included respectively a composition or scheme of arrange ment. PROCEEDINGS AFTER RECEIVING ORDER. . 53 for seduction.. under or in pursuance of the composition or scheme. to the Court. or by any creditor. and annul the composition or scheme. . and as if the terms ' bankruptcy.' and ' order of adjudication. a compounding or arranging debtor. or thing duly done.. " (16) If under or in pursuance of a composition or scheme incorporated a trustee is appointed to administer the debtor's property or sections- manage his business.. and any disobedience of an order of the Court made on the application shall be deemed a con tempt of Court. or to distribute the composition. °^eirer. or under a judg.«.' ' bankruptcy.72— if the trustee were a trustee in bankruptcy. on application by the official receiver or the trustee. rv.. except to such an extent and under such conditions as the Court expressly orders in respect of such liability. that the composition or scheme cannot. be conclusive as to its validity. or that the approval of the Court was obtained by fraud. ment against him as a co-respondent in a matrimonial cause. . disposition or payment duly made. " (15) If default is made in payment of any instalment clue Annulment of . so far as the [». " (17) Part III. or it it appears sche„le. section twenty-seven and Part V. which has been con tracted before the adjudication. " (14) The provisions of a composition or scheme under Enforcement this section may be enforced by the Court on application by °* scheme!*1011 any person interested. if it thinks fit. of the principal Act shall apply as [»•«• ss. on satisfactory evidence. Where a debtor is adjudged bankrupt under this sub-section. the same interpretation being given to the words ' trustee. shall be provable in the bankruptcy.' as in the last preceding sub-section. . j.' and ' order of adjudication.' ' bankrupt.

72—91. it would seem. 28 (s) as to entering judgment part of a scheme (t). 273. scheme shall not release any person who under the principal Act and this Act would not be released by an order of dis charge if the debtor had been adjudged bankrupt " (o). removal. if) Ex p. and the creditors have all accepted it. will be in clined to approve it(p) . If the composition or scheme is manifestly the best thing for the creditors. In re Burr. i. (r) Exp. ss. 150 . 245. payments. contains provisions relating to the trustee's remuneration and costs. 168. in re Aylmer (No. 8. B. Kearsley. the Court will consider both the interests of the creditors and the conduct of the debtor. 195—216. and release. 336. («) Now repealed. 59 L. 258. and when it may. 1890. relates to the proof of debts.. to be enforceable as in bankruptcy. his appointment. if the facts proved against the debtor are of a serious nature (q).] distribution of the property of a bankrupt. In re McTear. (1892) 2 Q.. 156. Bischoffsheim. 20 Q. but even if it is so. 18 Q. the property avail able for their payment. a composition or scheme will not be approved by the Court (?•). in re Aylrner (No. 10. B. 16 Q. in the interests of com mercial and public morality. D. Cf. ss. and 342. 37—65. iv. 1890. Campbell. his official name. it will be seen when the Court must.e. the Court. there being no power to make the provisions of s. i. 213. Persons not "(19) The acceptance by a creditor of a composition or released. and the control which may be exercised over him. as to this section.. By sub-ss. p) Ex p. A. Bischoffsheim. 467. of the Act. B. 241 A. refuse it approval. p. (o) See s. A. Part V. 8—10 above. 33. and replaced by B. the effect of bankruptcy on ante cedent transactions. Part III. herein incorporated. and a scheme which by consent of the debtor enabled the trustee to enter judg ment against the debtor. D. his voting powers. the books and accounts to be kept by him. 30 (4) . s. T. 2). and the realization and distribution of the bankrupt's property. Where the creditors get no greater advantages than they would have had in bankruptcy. 192. 19 Q.54 THE PRINCIPLES OF BANKRUPTCY.e. and their audit. refuse to approve a composition or scheme. chap. B. 1). "(18) No composition or scheme shall be approved by the Preferential Court which does not provide for the payment in priority debts. D. Rs. B. 106. his receipts. . q) Ex p. D. the Court may. B. to other debts of all debts directed to be so paid in the [See p. In exercising its discretion. was held to be illusory. s.

19 further shows from what debts or liabilities a debtor is not released by such composition or scheme. other portions of the Act will be excluded. Notice of every order adjudging a debtor bankrupt. S. A. 12. or if he fails to submit a statement of his affairs. shows in respect of what debts a composition or scheme is binding on the creditors . 238." Adjudication of Bankruptcy. sup. 18 of the principal Act (u). are expressly CHAP. Barnard. or the public examination is ad journed sine die (see Rs. Effect of Composition or Scheme.—Sub-s. S. then. 3 (15). will now be available to a trustee under a composition or scheme. 156. Whinney. 190—193). \y) Cf. lu) Ex p. the debtor would not be discharged by an order of discharge in bankruptcy. but it was not incorporated with s. incorporated in the above section.B. (2) The Court may also adjudge him hankrupt on his own application. 19 provides that " Notwithstanding the acceptance and approval of a S. A. and V. s. such composition or scheme shall not E^60* °f com be binding on any creditor so far as regards a debt or scheme! °r liability from which. or if the creditors position not do not meet. 90. D.r7. 30. 1890. See also under B. above. 27 in Part I. . '10 of the B. 55 As s. under the provisions of this Act. which enables a trustee to examine on oath the debtor and other witnesses.01 or approved in pursuance of this Act within fourteen days after the conclusion of the examination of the debtor. D. unless the creditor assents to the composition or scheme (y). B. 22 Q. PROCEEDINGS AFTER RECEIVING ORDER. These matters are dealt with in the following sections :— Where a receiving order is made against a debtor. and thereupon the property of the bankrupt shall become divisible among his creditors and shall vest in a trustee (z). the Court shall adjudge the debtor bankrupt . 27. composition or scheme. —We next come to con sider under what circumstances and in what manner a debtor may be adjudged bankrupt and a trustee appointed with or without a committee of inspection. or pass no resolution. if the creditors at the first meeting or any adjournment Adjudication thereof by ordinary resolution resolve that the debtor be wherecom-tCy adjudged bankrupt. and Parts III. or such further time as the Court may allow. S. s. \x) Flint T. and s. 1890. p. post. and the word " debts " in that sub-section includes all liabilities provable in bankruptcy (a:). 20. 17 Q. or if a composition or scheme is not accepted approved. 19. s.

21. for other objections. "When appoint The appointment of a trustee shall take effect as from the ment takes effect. shall certify that his Objection by appointment has been duly made. or they may resolve to leave his appointment to the committee of inspection. be justified in objecting to the appointment (£>). Appointment of Trustee. and questions are likely to arise between bim and the estate which will render it difficult for him to act with impartiality. to fill the office of trustee of the bankrupt's property . See also In re Lamb. D. makes it difficult for him to act with impartiality in the interests of the creditors generally. A. bankrupt. IV. and description of the bankrupt. Where the person appointed is an accounting party to the estate. CHAP. and there upon the High Court may decide on its validity (a). the Board of Trade will. 21 Q. S. Security by The person so appointed shall give security in manner trustee. or that the person appointed is not fit to act as trustee. 21 . sup. the creditors may. B. see Rs. (a) S. as a rule. and the Board. if satisfied with the security. 1890. —Where a debtor is adjudged Appointment bankrupt. or the creditors have resolved that he be adjudged of trustee. 20 . see R. whether a creditor or not. (1894) 2 Q. 29 . the date of the adjudication.56 THE PRINCIPLES OF BANKRUPTCY. Provided that where the Board make any such objection they shall. faith by a majority in value of the creditors voting. if so requested by a majority in value of the creditors. unless they object to the Board of appointment on the ground that it has not been made in good Trade. by ordinary resolution appoint some fit person. now enacts that a person shall be deemed not fit to act as trustee of the property of a bank rupt where he has been previously removed from the office of trustee of a bankrupt's property for misconduct or neglect of duty. B. address. sup. 193). In re Lamb. and see In re Martin. 301 . date of the certificate (c). and the date of the order shall for the purposes of this Act be the date of the adjudication (s. 805. prescribed to the satisfaction of the Board of Trade. or that his connexion with or relation to the bankrupt or his estate or any particular creditor. . stating the name. and the Court by which the ad judication is made. shall be gazetted and advertised in a local paper in the prescribed manner. (b) In re Martin. 300. 4 of the B. notify the objection to the High Court. S.

1890. and 121. appoint a trustee. 54. at any subsequent time. PROCEEDINGS AFTER RECEIVING ORDER. a committee of inspection for the purpose of super intending the administration of the bankrupt's property by the trustee. 82 (4). or. pp. iv. 68 (3). 5.Committee of lution. (<*) S. and failing such ap. s. The committee of inspection shall consist of not more than five nor less than three persons. p. When a debtor is adjudged bankrupt after the first meet ing has been held. s. post. A. and a trustee has not been appointed prior to the adjudication. they shall from time to time appoint. 70 (1 g). No creditor appointed a member of a committee of in." which followed here. or of the Court to approve. (e) The words " qualified to vote. Rs. and the trustee or any member of the committee may also call a meeting of the committee as and when he thinks necessary. 142. save as by this Act provided. be the trustee of the bankrupt's property (c). may at their first or any subsequent meeting by reso. 123). the composi tion or scheme. vote. 145. the official receiver shall report the matter to the Board of Trade. and on the appointment being made and certified the person appointed shall become trustee in the place of the person appointed by the Board of Trade (cf. the official receiver must forthwith summon a meeting for the purpose of appointing a trustee (d). 57 The official receiver shall not. (c) See ss. . If a trustee is not appointed by the creditors within four When creditors weeks from the date of the adjudication.Meetings and pointment. 159. 123. are to be omitted : see B. 1890. See also Chap.Bankruptcy spection shall be qualified to act until he has proved Act> 1890>8-5- his debt and the proof has been admitted (B. appoint from among the creditors (e) or the holders of lnspectlon- general proxies or general powers of attorney from such creditors. 21 : cf. VIII. then within seven days from the close of those negotiations by the refusal of the creditors to accept. A. The committee of inspection shall meet at such time as s. Provided that the creditors or the committee of inspection (if so authorised by resolution of the creditors) may. in the event of £^appoint negotiations for a composition or scheme being pending at the expiration of those four weeks. and shall certify the appointment. chap. 5). if they think fit. Committee of Inspection—The creditors qualified to S. and thereupon the Board of Trade shall appoint some fit person to be trustee of the bankrupt's property. 297—319. 342. 22. 22. at least once a month .

tne trustee shall forthwith summon a meeting of creditors for the purpose of filling the vacancy. as we have said. The committee may act by a majority of their members quorum of present at a meeting. 287—290. the creditors may increase that number so that it do not exceed five. Where no If there be no committee. or compounds or office. 337. stating the object of the meeting. CHAP. provided there be not less than two such continuing members. by resolution. 268. When the composition or scheme has been duly accepted by the creditors and approved by the Court. and delivered to the trustee. arranges with his creditors. an order may be made by the Court annulling the adjudication. 316. his office thereupon becomes vacant. . 317 A. the committee are present at the meeting. vacancy in If a committee-man becomes bankrupt. and that is. but the Court has power afterwards on certain grounds to annul the composition or scheme and re- adjudicate the debtor bankrupt. Rs. a third course which may be followed in the case of a debtor against whom a receiving order has been made. appoint another creditor or other person eligible as above to fill the vacancy. direction or permission by this Act authorised or required to be done or given by the committee may be done or given by the Board of Trade on the application of the trustee (/).58 THE PRINCIPLES OF BANKRUPTCY. Composition or scheme of arrangement after adjudi cation—Besides a composition or scheme without adjudi cation and a simple adjudication. but shall not act unless a majority of committee. and where the number of members of the committee of inspection is for the time being less than five. which is in the following terms :— " Where a debtor is adjudged bankrupt. Proceedings On a vacancy occurring in the office of a member of the inhcommitteey committee. or any committee.IV. any act or thing. The continuing members of the committee. the creditors may. (/) S. 22 : cf. The subject is thus dealt with in section 23. 286. there is. to have a composition or scheme of arrangement after and in annulment of an adjudication. and removal of A committee-man may be removed by an ordinary resolu- ™rnmittee ^on at anv meetmo 0I" creditors of which seven days' notice has been given. and the meeting may. A committee-man may resign his office by notice in writing signed by him. may act not withstanding any vacancy in their body . or is absent from five consecutive meetings of the committee. Resignation.

59 if they think fit. as the Court may declare. (3) where the Court is satisfied that the debts of the bankrupt are paid (y) The words "by special resolution. on application by any person interested. B. and there. infra. PROCEEDINGS AFTER RECEIVING ORDER. 51). if any. it Annulment of may make an order annulling the bankruptcy and vesting bankruPtcy- the property of the bankrupt in him or in such other person as the Court may appoint.g°^neltl0U °r pears to the Court that the composition or scheme cannot proceed without injustice or undue delay. in which an adjudication may be annulled : (1) under s. 23.p^^ono"" upon the same proceedings shall be taken and the same scheme alter consequences shall ensue as in the case of a composition or abdication. The resolution required for the acceptance of a composition or scheme under this section is that which is required for accepting a proposal made by a debtor before adjudication. 1890. one passed by a majority in number and three-fourths iu value of all the creditors who have proved (B. 6. 37 W. the Court may if it thinks fit. 53. 1890. 3 (15). Annulling an Adjudication. or if it ap. 46. and annul the composition or and re-adjudi- scheme. 23 above mentioned . all debts. 164 : cf.—There are three cases in the Act (and it would appear that there are no others) (i). provable in other respects. ante. (i) In re Gyll. under or in pursuance of the composition or scheme. chap. are repealed: B. . 23 : cf. or thing duly done. (2) where in the opinion of the Court a debtor ought not to have been adjudged bankrupt. A. at any time after the adjudication (r/). adjudge the debtor bankrupt. s. p. p. or payment duly made. which have been contracted before the date of such adjudication shall be provable in the bankruptcy " (h). s. resolve to entertain a proposal for a composition in satisfac. catlon- disposition. and subject to such conditions. but without prejudice to the validity of any sale. on such terms. 1890. scheme accepted before adjudication {ante. that is. " If the Court approves the composition or scheme. 6). Where a debtor is adjudged bankrupt under this sub-section. A. 245—8. s. 195—216." which followed here. R. A. rv. or that the ap proval of the Court was obtained by fraud. Rs. " If default is made in payment of any instalment due Annulment of in pursuance of the composition or scheme. (A) S. or for a Power to scheme of arrangement of the bankrupt's affairs .s. tion of the debts due to them under the bankruptcy. p. ante.

if the Seote inMl debtor enters into a bond. and any debt due to a creditor who cannot be found or cannot be identified shall be considered as paid in full if paid into Court. 35. but the property of the debtor who was adjudged bankrupt shall vest in such person as the Court may appoint. in such sum and with such sureties as the Court approves. or a composition or scheme of arrangement (pp. pp. to pay the amount to be recovered in any proceeding for the recovery of or concerning the debt. paid in full. 53. or by the Court. trustee. " Where in the opinion of the Court a debtor ought not to Power for have been adjudged bankrupt. which run thus :— S.60 THE PEINCIPLES OF BANKRUPTCY. " Where an adjudication is annulled under this section all sales and dispositions of property and payments duly made. shall be valid. or in default of any such appointment revert to the debtor for all his estate or interest therein on such terms and subject to such conditions. if any. 59). by order. iv. 45. 36. annul the adjudication. jn fuu The provisions as to (2) and (3) are contained in ss. (k) See Es. S. . with costs." The Part of the Act here referred to is Part II. 19. or other person acting under their authority. We have already seen that under certain circumstances the Court may annul a receiving order (pp. Notice of the order annulling an adjudica tion shall be forthwith gazetted and published in a local paper (k). as the Court may declare by order. by the official receiver. the Court may. any debt dis- Meaning of puted by a debtor shall be considered as paid in full. 60). on the application of any person interested. and all acts theretofore done. or where it is proved to the ad]?dicationnln satisfaction of the Court that the debts of the bankrupt are certain cases. 194—216. chap. 35 and 36. or sections 32—36 (ante. " For the purposes of this Part of this Act. 46).

but may relate back to the time of the first act of bankruptcy committed by the debtor within three months immediately preceding the pre sentation of the petition. 43 as to the relation back of Exceptions to . 1890. whether the same takes place s. s. to have relation back to. on the debtor's own petition or upon that of a creditor or Relation back creditors. or adjudication shall be rendered invalid by reason of any act of bankruptcy anterior to the debt of the petitioning creditor. unless the debtor is proved to have committed any previous act of bankruptcy. and to Jl-fl**88'* commence at. PROPERTY DIVISIBLE AMONGST CREDITORS. 103. 43. Commencement of the Bankruptcy. or of the adjudication. but no bankruptcy petition. v. or if the bankrupt is proved to have committed more acts of bank ruptcy than one. A." Where a receiving order is made against a judgment debtor under s. In the words of s. AND ADMINISTRA TION OF PROPERTY. shall be deemed to have relation back to. property which the trustee may claim for distribution among the creditors. CHAPTER V. the time of the first of the acts of bankruptcy proved to have been committed by the bankrupt within three months next preceding the date of the presentation of the bankruptcy petition . 43 :— "The bankruptcy of a debtor. the time of the act of bankruptcy being com mitted on which a receiving order is made against him. and to commence at. receiving order. The above provision in s. 20). the bankruptcy relates back to and commences at the date of the order. in which case the bankruptcy shall relate back to and com mence at the time of the first of the acts of bankruptcy committed by the debtor within three months next preceding the date of the order (B.—As regards the CHAP. it should be borne in mind that the trustee's title is not limited by the date of his appointment or of the receiving order.

433. The provisions of s. d) In re Spademan. 6. Where a creditor has completed an execution or attach ment before the date of the receiving order. pro vided that.e. Foley. to a solicitor a sum which the solicitor requires to defray counsel's fees and other legal expenses. who are consulted by an insolvent debtor with regard to his difficulties. 2ndly. v. Ex p. in ready money. where the person dealing with him gives valuable consideration. b) Ss. 15 Q. though the petition succeeds the trustee in bankruptcy cannot compel the solicitor to refund the money (c). in a case where the execution is against the goods of a debtor in respect of a judgment for a sum exceeding £20. infra. though liable to be forgotten. the trustee's title will not override that of the creditor . i. Relation back. is of great importance to solicitors and accountants. and has no notice of an available act of bankruptcy committed by the bankrupt. 37.- the sheriff receives no notice of a bankruptcy petition on which the debtor is adjudged bankrupt within the fourteen days during which he is obliged to retain in his hands the balance of the proceeds of the sale of the goods. . or of the com mission of any available act of bankruptcy by the debtor. B. 168. c) In re Sinclair. protect certain transactions by or with the bankrupt or in relation to his property before the date of the receiving order. 616. The effect of that decision has been said to be that when a man comes with ready money and asks for legal assistance with regard to his financial affairs.—The doctrine of relation back. B. after deducting the costs of the execution (a). and before notice of the presentation of a bankruptcy petition. Payne. ante. Ex p. 24 Q. But it has been held that the decision will not be extended. 436 : cf. 82). 81. In re Simonton. chap.. In re Pollitt. It has been held that if a debtor pays. in opposing a petition filed against the debtor. trustee's title must be considered as subject to two the provision exceptions : asto relation 1st. (1894) t. D. D.62 THE PRINCIPLES OF BANKRUPTCY. one committed within three months of the presentation of the petition on which the receiving order is made (b). 49 (post. a solicitor or an accountant is not bound to ask him whence the money comes (d). or the money paid to avoid sale. p. B. 34. then. and it does not enable a solicitor or an accountant ia) See pp. 728 .

embarrassed debtors. but that he should be slow to adopt them. which the debtor executed. Exp. his authority being by that act revoked. however. Between the date of this circular and the receiving order (made a month later). . (1894) 1 Q. The solicitor then called a creditors' meeting. and retained £100 in respect of their own charges in preparing a statement of the debtor's affairs. \g) In re Simonson-. a debtor. consulted a solicitor as to his affairs. It was also held that the £40 could not be set off (under s. out of which they paid the solicitors £130 on account of costs. because it formed part of money which had been handed to the solicitor for a specific purpose which had failed. 433. PROPERTY DIVISIBLE AMONGST CREDITORS. 455. sup. because this ipso facto gives them notice that the money to which they look for pay ment is the debtor's.s not applic able. Again. and thereby committed an act of bankruptcy. on which a petition was presented. that the solicitor could only retain such portion of the £15 as was earned by him up to the act of bankruptcy. and the debtor thereupon placed £15 in his hands for that purpose. Again. and that both sums must be refunded. Payne. having consulted their solicitors and placed their books in the hands of accountants. the accountants collected debts due to the debtors. and so must be returned (/). The solicitor (there being £40 due to him for costs). 175. they having been paid or received with notice of an available act of bank ruptcy (g). for services to be rendered to him. and should only pay for such (e) In re Simonson. and prepared a deed for the benefit of creditors. B. 63 to take from the debtor a charge on the debtor's property chap. It was held that In re Sinclair. (/) In re Pollitt. before any act of bankruptcy. 38) against the balance. B. sent to their creditors a circular which was held to be an act of bank ruptcy. It was. and adjudication followed : Held. v. declined to act further for the debtor unless he were paid a sum to meet future costs. and the same considerations would arise in respect of moneys which the solicitor or accountant may collect for the debtor as due to him in the course of his trade (e).wa. laid down that a trustee in bankruptcy may in his discretion adopt and pay for services rendered to a bankrupt after an act of bankruptcy if they have clearly produced a benefit to the estate. (1893) 1 Q.

Q) "Williams. B. On July 4. items as have been incurred in such a way that a benefit to the extent of the charge made has resulted to the creditors (gg). inclusive of tools and apparel and bedding. a. the partners filed their petition. and the whole of the £250 was expended. ft) In re Charlwood. but before the trial. it was held that the trustee in bankruptcy could not claim repayment of the money. on which adjudi cation followed. (A) In re Beyts and Craig. 433. 44. P>. as has been pointed out in a well-known work on Bankruptcy (I). (*) S. 1 Man. 4 of the Solicitors' Act. v. and for that purpose handed to the solicitors a cheque for £250. wearing apparel and bedding of himself. 644. verbally agreed with their solicitors that the latter should conduct their defence and attend to their business affairs during their detention. 1870). The second of the above classes calls for no comment : a few words may be added as to the first. But where a client paid a lump sum to his solicitor under a binding contract (made under s. (1894) 1 Q. chap. .64 THE PRINCIPLES OF BANKRUPTCY. (1) Property held by the bankrupt on trust for any other Property not person : amongst the (2) The tools (if an-v) of his trade and the necessary creditors. arrested on a charge of forgery. and a trustee was appointed on August 15. (1894) 1 Q. lest too limited a meaning should be given to the word "trust. that the solicitor should for that sum defend him and pay all the expenses of the defence. and that subject to payment of costs up to that date they must refund the money (h). to a value. but it was held that the solicitors' authority was revoked ou July 4. —The follow ing property is not divisible amongst the creditors :— S. the client committed an act of bankruptcy and adjudication followed." Trusts may. 56. be divided into the following classes : (gg) In re Simonson. 10 of the above Act (i). Property not divisible amongst Creditors. 4th ed. 145. his wife and children. In August the partners were committed for trial. and a few days afterwards. not exceeding £20 in the whole (Jc). his only remedy being taxation under s. The same principle was applied where two partners.

Hall. notwithstanding that there was a verbal agreement between the writer and B. is to create an assign ment to him (q). becoming bankrupt. 690. Evans. to pay the creditor out of such funds. 652. 24 L. n) Field v. having funds of the debtor. (o) Ex p. R. retaining the legal ownership.B. R. 10 Ch. post. and his assent thereto (which will be presumed in the absence of evidence to the contrary). & C. 4 of the Statute of Frauds such an agreement relating to an interest in land should be in writing (o). or the proceeds of goods when sold. for by s. 3 Mer. R. L. 65 (a) Express trusts—where the trust is the origin of the legal ownership of the bankrupt : (b) Trusts virtute officii. 4 C. The effect of a communication of the direction to a cre ditor. 4 M. A mere direction from a principal to his agent to pay a sum of money. who. Thus in equity an order given by A. In re Whitting. B. J. See s. Porcher. Carvalho. which letter is handed by B. Q. and the amount due to him by C.. a debtor to B. to give notice to C. \p) Scott v. to the tenant. although such a course should be adopted to prevent the operation of the reputed ownership clause in the event of A. in order to perfect his assignment. This was established by the weil- (m) See Burn v. is a binding equitable assignment of so much of the fund : nor would it in such a case be necessary for B. And a letter which merely directs the writer's tenant to pay his next rent to B. p. his creditor upon a third person C. 305. But a promise to pay money when the debtor receives a debt due to him from a third person is not an equitable assignment. L. 615. examples of which are found in the case of executors and administrators : (c) Trusts created by the bankrupt. Megaw. PROPERTY DIVISIBLE AMONGST CREDITORS. has divested himself of the whole or part of the beneficial interest. and will be revocable until communicated to the creditor (p). to a creditor of the principal. (}) See Siggers v. But under one peculiar state of circum stances a person who is not even cognisant of the direction given by the principal to his agent may claim to have it strictly carried out. to charge the rent. P. being a debt due to him in the course of his trade or business (m). for it does not charge the debt in the hands of such third person (n). 660. is not an equitable assignment. will not amount to an equitable assignment. 44. 67. F .

v. J. who had accepted for the accommodation of a firm to whom the (r) 19 Ves. Mellish. who is simply a creditor without any security. and the adjustment of which equities. exchange not yet due in the hands of another also liable thereon. and if there is no such right of double proof. R. by a piece of good luck. (s). In Ex p. operates for the benefit of such third party. though ignorant when they took them of the deposit made to secure them. and although he was not entitled to prove on the bill against the two firms. for I think that in all the previous cases the claim had been made by a holder of a bill who had a right of double proof against the acceptors and the drawers. 345. 9 Ch. provided the bill was drawn in respect of a transaction in which he is liable. L. ibid. known case of Ex p. 220." But there must be a double insolvency and a right of double proof. both parties to the deposit become bankrupt or insolvent. Halliday. that security which he has never bargained for (t). in order to meet the bills. speaking on this subject.. but arises out of the necessities connected with the admi nistration of the two insolvent estates and the equities as between the insolvents : in the words of James. («) Vaughan v. R. " The principle of Ex p. Waring applies where there are equities to adjust between two parties who become insolvent. This rule does not depend on any equity in the bill-holders. says. 8 Ch. and before the bills become due or are paid. Smart (u) we did in one respect carry the doctrine of Ex p. he was entitled to prove against the acceptor. it is no objection to its application that the party sending the remittances was not a party to the bill. whatever may be the equities as between the two parties that are insolvent.J. L. L. Waring (r).. " It is true that in Ex p. L. are entitled to have it applied in payment thereof.66 THE PRINCIPLES OF BANKRUPTCY.J. Waring. so far as a third party is concerned. (t) Per Mellish. . they can be settled between the parties without the necessity of giving the bill-holder. chap. Smart the holder was himself the drawer. the holders of the bills. Waring further than it had been carried in any previous case . where it was held. («) L. Though the rule has generally been applied where the acceptor and the drawer become bankrupt. that if The rule in property has been deposited by one party liable on bills of Exp. 661.

order or disposition of the bankrupt. by the consent and permission of the true owner. ruptcy. at the commencement of the bank ruptcy. 9 Ch. s. cf.creditors. 1889. L. Waring applied " (x). (hi) " All goods being. Property divisible amongst Creditors. property is. where property is in the hands of a man as an agent or factor. divisible amongst the creditors :— Property (i) " All such property as may belong to or be vested in amongst the bankrupt at the commencement of the bank. 562. have produced many decisions. Halliday. Plumer. and he was entitled to CHAp. V. 13 Ch. but the first and third. No difficulty will arise as to the second of the above heads. (1894) 2 Q. it will belong to his principal. F 2 . But the pro perty must be capable of being traced. It may be traced though its character be changed : In re Kallett's Estate. and must not have been left with the agent under such circumstances as would render him the reputed owner (y). (y) Taylor y. Ex p. Blanc. (z) S. B. shall not be deemed goods within the meaning of this section " (z). and should he become bank rupt. 44. 44. In re Hallett. 237. 12. 696 . under such cir cumstances that he is the reputed owner thereof. in his trade or business. or the provisions corresponding to them in previous Acts. in the possession. There being therefore a double insolvency and a double right of proof. by s. R. (d) Fourthly. it will be considered to be held by him as a trustee. and. 67 drawer of the bill had sold goods . prove for the same debt against that firm for goods sold and delivered. we thought that the principle of Ex p. provided that things in action other than debts due or growing due to the bankrupt in the course of his trade or business. 44. except the right of nomination to a vacant eccle siastical benefice . PROPERTY DIVISIBLE AMONGST CREDITORS. See also Factors Act. 568. & S. 3 M. or may be acquired by or devolve on him before his discharge : (ii) " The capacity to exercise and to take proceedings for exercising all such powers in or over or in respect of property as might have been exercised by the bankrupt for his own benefit at the commence ment of his bankruptcy or before his discharge.—The following S. p. a [x) See Vaughan v. D.

1 Q. (b) Where goods have been sold on credit. 8 Ch. B. 1 Sm. B. as that of a surgeon-apothecary. 1893 . v. " until he should become bankrupt. In reDowling. 768. though the business demands a large amount of his personal skill and attention. Lead. mortgaged the profits of such a business. who has ceased to pay his debts in the ordinary course. Sobinson. (1894) 1 Q. Cas. Oliphant. (d) Brandon v. Mason. 2). These decisions are now codified in the Sale of Goods Act. see ss.68 THE PRINCIPLES OF BANKRUPTCY. and the vendee becomes insolvent before they come into his actual or constructive possession. or cannot pay his debts as they become due. Chalmers. D. or do or suffer something (a) See Wadling t. By this last section a person is deemed insolvent. R. (b) In re Sogers. Where A. at all events. all such property as may belong to or be vested in the bankrupt at the commencement of the bankruptcy. 61 and 62 (3).. Carte. sup. 756 . and the following exceptions and qualifications :— Exceptions and («) Wages earned after bankruptcy by the mere personal qualifications. chap. is divisible among his creditors. where a testator be queathed certain income to A. 17 Ch. where there is no margin after sufficient has been applied for the maintenance of the bankrupt (a) : but it is otherwise with re spect to the profits of a business carried on by the bankrupt. then. Emden v. D. \c) Liekbarrow v. within the meaning of that Act. L. the vendor may stop them as long as they are in transit (c) . too. 425. and afterwards became bankrupt. and cases there cited. 39—46. Ex p. for life. whether he has committed an act of bankruptcy or not. 4 Ch. an architect or a dentist (b). 689. 18 Ves. or may be acquired by or devolve on him before his dis charge. This rule must be read subject to the definition of property previously given (p. Thus. 429. 289. labour of the bankrupt do not pass to the trustee . Exp. and a fortiori he may retain the goods if the ven dee becomes insolvent before the transit has begun (c). summary 0f more important of which will now be attempted. . the trustee and not the mortgagee was held entitled to the after- acquired profits (b). Collins. First. (c) Income may be given to a man until he shall have become bankrupt (d). that per sonal earnings may lose that character where they are dealt with by the bankrupt as property (6). It would seem. In re Sogers. D. 145.

(e) In re Sartoris's Estate. of L. (e) Where the bankrupt is a beneficed clergyman the S. Pogose.. (1892) 1 Ch. ~ of portion of engaged in the civil service ot the (Jrown. if belonging absolutely to vwav. see Ex p. (/) Beckham v. but must allow out of them to the bankrupt while he performs the duties of the parish or place. Before making any order under this sub-section the Court shall communicate with the chief officer of the department as to the amount. and manner of the payment to the trustee. on the application of the trustee. would become payable to or vested in some other person. may direct. Vine. (y) S. and might have appointed to a curate licensed to serve the bene fice in case the bankrupt had been non-resident." a receiving order in bankruptcy against A. . 53 (l). v. 505. do not pass to his trustee. trustee may apply for a sequestration of the profits of the benefice. him. D. and shall obtain the written consent of the chief officer to the terms of such payment. or some part thereof. the pay or salary trustee shall receive for distribution amongst the to creditors- creditors so much of the bankrupt's pay or salary as the Court. as the bishop of the diocese directs. Brake. (/) Where a bankrupt is an officer of the army or navy S. PEOPEETY DIVISIBLE AMONGST CEEDITOES. 579 ... 52. not exceeding £50 (g). . payable quar terly. 52. (d) Rights of action to recover damages for bodily or mental sufferings or personal inconvenience sus tained by the bankrupt. 8 Ch. probably because it would be harsh in such case to intrust to him the discretion as to whether redress should be sought or not (/). 364. with the consent of the chief officer of the depart ment under which the pay or salary is enjoyed. (1895) 1 Ch. . 69 whereby the said income. was held to deter mine his interest in the income (e). 2 H. . See p. such an annual sum. 72. and the trustee must also pay out of the profits the salary payable to any duly licensed curate of the church of the benefice for duties performed by him as such during four months before the date of the receiving order. time. 11.. . or an officer or clerk or otherwise employed or Appropriation . See also Mackintosh v.

B. Benwett. yet belong to a man cannot make a settlement of his own property on him- bankruptcy . Saffery.70 THE PRINCIPLES OF BANKRUPTCY. the Court. and the members from whom differences are due on the contracts pay them to the official assignee. See p. 667 . Semble. on the applica tion of the trustee. v. (g) Where a bankrupt is in the receipt of a salary or in- S. 79—82. 425. or pension or to any compensation granted by the Treasury. S. for the purchase and sale of stocks and shares. Huggim. 85. 72. or is entitled to any half-pay. that the trustee in bankruptcy is not entitled to the fund so volun tarily formed by the payments of the members. on a man's becoming bankrupt. Ex p. 53 (2). 213. chap. half-pay. come other than as aforesaid (h). It has been held. D. c). or of any part thereof. 3 App. Cas. pension. to the trustee. a simple stipulation that. but it would include the pension of a retired judge of a Crown colony granted by the Secretary of State for the Colonies. But nothing in the two preceding paragraphs is to take away or abridge any power of the chief officer of any public department to dismiss a bankrupt. 301 . if contingent or personal earnings take the shape of a yearly or other periodical salary. who out of the money so received pays those members to whom differences are due. income. nor a purely voluntary allowance : In re Webber. are closed by the official assignee of the Stock Exchange at the market prices at the time of the default. D. se^> defeasible in the event of his bankruptcy. Grant. or to declare the pension. that which was his property up to the date of his bankruptcy • (A) This would not include the contingent earnings of a professional man : Ex p. In short. half-pay or compensation of any bankrupt to be forfeited (i). or compensation. an order may be made under this sub-section as to any margin beyond what is necessary for the maintenance of the bankrupt : In re Rogers. shall from time to time make such order as it thinks just for the payment of the salary. where a member is declared a defaulter. but if the defaulter hands over to the official assignee any of his private assets the trustee would be entitled thereto (k). D. income loodi sK°n S mav ^e given to a man until he shall become bankrupt. contracts made by him for the next settling day. B. (h) By the rules of the London Stock Exchange. 21 Ch. Collim. 14 . («) S. 53 (3). 13 Ch. Rs. Agreements Although. £>. to be applied by him in such manner as the Court may direct. . Tomkint v. (1894) 1 Q. B. and voted annually by the Colonial Legislature: Exp. 53 : of. 14 Q. as has been mentioned above (para. (A) Ex p. 18 Q.

shall be conferred. creditors. it was held. a clause in a building agreement. and now a clause in a building agreement. But. PEOPERTY DIVISIBLE AMONGST CREDITOES. that all materials brought by the builder upon the land shall become the property of the landlord. whether intended or not to be followed by the execution of any other instrument. and the Court de cided it was not a bill of sale as defined by the Bills of Sale Act. on the builder failing to perform a certain stipula tion in the agreement . Newitt. every thing brought upon the premises should belong to the land lord. Barlow. the landlord might re-enter on the land and himself complete the houses. Jay. In the case in question (I) all that the builder was bound to do under the agreement had been per formed by him up to the date of the bankruptcy. Reeves v. in re Harrison. or the property in. (m) Ex p. as and for liquidated damages . 298 . D. It was held in the same case. such an agree- (l) Exp. is void. was held void. B. 4. and the landlord re entered. post. in fact. 19. D." for such a clause would give the landlord a right in law to. and the trustee could only claim such defeasible interest (m). and so. B. and that on such re entry all materials then on the premises should be forfeited to him. although such re-entry did not take place until the builder had committed an act of bankruptcy by filing a liquidation petition. that he was entitled to the materials as against the trustee.. 71 shall go over to some one else. s. . defeasible in the event of his committing a breach of the agreement. that the order and disposition section did not apply. as the landlord was not the true owner of the materials until he re-entered. 12 Q. namely. v. 522. It should be noticed that the agreement referred to was made in 1877. by which a right in equity to any per sonal chattels or to any charge or security thereon. (») Bills of Sale Act. which declared that on the bankruptcy of the builder. 3 of the Bills of Sale Act. And by reason of s. contained in the Act of 1878. 16 Ch. p. The builder's interest in the materials was. as being a violation of the policy of the bankrupt law . " an agreement. 11 Q. D. 14 Ch. 610: onapp. 1854 . D. where a building or on breach of agreement provided that if the builder failed to perform any contract- part of his agreement. and the landlord could allege no right to the materials on the premises except by virtue of the bankruptcy. the materials (n). 1882. and be taken away from his chap. 1878. 436. does not come within the mean ing of the additional words in the definition of a bill of sale.

2 Ch. 21 Ch. Ex p. are valid against the trustee (?•). Where an undischarged bankrupt. 40 Ch. 44 (q). the bankrupt may deal with it. . B. to be confined to cases where the bankrupt carries on a business without interference by the trustee. the trustee in the first bank ruptcy was held entitled to the property. and the bankrupt cannot deal with it. Mitchell. chap. whether with or without knowledge of the bankruptcy. supra). 138. Woodthorpe. (q) See Exp. {p) Inre Detmold. but as to property acquired by a bankrupt after his bankruptcy. 52. 236. post. 8 Mor. convey to a bond fide purchaser for value after-acquired real estate : in any case. and so also is such a gift over in the event of an involuntary alienation by operation of law in favour of a particular creditor (p). Beardmore. g. are apparently all property of the bankrupt vesting in the trustee. as a fraud on the bankrupt laws. 85. namely. at all events. 262. s. (o) Bills of Sale Act. 53 (e. Ex p. though in the second bankruptcy the act of bankruptcy was an assignment of the debtor's property for the benefit of his creditors generally (<). D. or recover it by action.72 THE PRINCIPLES OF BANKRUPTCY. 305. D. 585. (s) In re New Land Development Association and Gray (1892). ment is not a bill of sale under that Act. until the trustee intervenes. Muggins. profits of a benefice. carried on business and acquired property. as against the trustee in the second. D. a gift over of a man's own property in the event of his bankruptcy is void. It should be mentioned here that property belonging to a bankrupt at the commencement of the bankruptcy vests absolutely in the trustee. and then again became bankrupt. with respect to his after-acquired property. pay. (1894) 2 Q. f. ()■) Cohen v. and before his discharge. as appears by the foregoing observations. The items mentioned in ss. these sections merely qualifying the operation of s. p. even before the intervention of the trustee. where it does not amount to a security for the payment of money (o). and for value. 393. but the facts in the later case were peculiar. v. 1882. Although. B. without the trustee's knowledge. all transactions entered into by a bankrupt after his bankruptcy with any person dealing bond fide with him. \t) In re Clark. unless the trustee intervenes: in short. yet a gift over of such property in the event of a voluntary assignment by him is valid. But this rule does not apply to real estate. This decision might seem from In re Rogers. D. &c. 25 Q. and a bankrupt cannot. the title would not be forced on the purchaser (s). 3.

228 : and see ante. due in the The term " things in action. C. . or disposition of the bankrupt. 4 Ch. and so is a debenture of a company: In re Pryee. (2) The bankrupt must be the reputed owner . order. A policy of life assurance is a chose in action : Ex p. it will be observed. (3) The true owner must consent. and with regard to the word " goods " it must suffice "battels?8 au<i to observe generally that it will not include fixtures attached to the freehold. except debts growing due in the course of the bankrupt's trade or business. D. 71. Miller. 519 . (z) Colonial Bank v. order. but will include all personal chattels (u). are not comprehended nor are choses in the term " goods " when they are other than debts due or m act}0. 11 App. D.chap. mains for consideration the last sub-section of s. under such circumstances that he is the reputed owner thereof . L. 685. 'Ibbetson. The above provision is applicable where the following cir cumstances occur :— (1) The goods must be in the bankrupt's possession. 2 Sm. in the possession. The present order and disposition section is not. which includes in the property divisible among the creditors—all goods being. 426. at the commencement of the bankruptcy. The commencement of the bankruptcy has been already Fixtures are defined. in his trade or business. 8 Ch. PROPERTY DIVISIBLE AMONGST CREDITORS. (a) Mom v. 27 Ch. p. D. A." or " choses in action " will in. by the consent and permission of the true owner. Whinney. V. like that of the B. expressly confined to traders. and so they are excluded from the operation of the order and disposition section (x). An occupation or duty requiring attention would be a " business " (y). 73 The Order and Disposition Section. Cas. or disposition of the bankrupt. but at the same time it only applies to goods in the possession. m° J . 2. .n'.£°^e of elude personal chattels not in possession.. shall not be deemed goods within the meaning of this section. or disposition.—There now re. at the com mencement of the bankruptcy . The late Act also did not apply to debts growing due. 44. &c. Baker. 1869. in his trade or business. (y) Uolh t. in his trade or business. Things in action. and the change accordingly narrows the operation of the en actment. and it has been held that shares in a railway company are things in action. order. provided that things in action other titan debts due or growing due to the bankrupt in the course of his trade or business.

Sowley. Thus where one partner allows the other bond fide to carry on the business ostensibly as his own.74 THE PRINCIPLES OF BANKRUPTCY. for a certain sum. Green. the assignment shall be void. the section will apply. agrees that if that sum with interest be repaid on such a day as B. Iz) Exp. however. carry with it the repute of absolute ownership. 2ndly. 31 L. (c) Spackman v. aQ(j ke must not tne true owner or ^ much the true owner as another person. on the bankruptcy of the latter the share of the dormant partner in the partnership stock cannot be claimed by the trustee under this section (a). If it be said that in such a case B. shall possess and make use of the goods. L. the answer is. owner. (a) Reynolds t. and A. Dorman. The cases which have been decided under previous Acts are not easily distinguishable. 1st. A. cannot by the terms of the instru ment take possession of the goods at any moment. 215. will be entitled to the goods (c). and B. but an interest. or disposition of another. L. chap. v. . according to the habits of society. under such circumstances that the possession will necessarily. The following pro positions. to the bankrupt . E. J. becomes bankrupt. & W. and also agrees that until default in payment is made. 15 M. that he has of his own accord put himself into a position in which he has no immediate right to the possession of the goods (c). may be deduced therefrom. There must be a real owner distinct from an apparent owner. i) Loadx. shall by notice in writing appoint. 309. C. The order and disposition section will not be applicable Bankrupt unless the bankrupt is in the sole possession of goods as the sokpo^esaion so^e rePute<i owner (z). 474. B. P. as where he lets the goods. assigns goods to B. 8 Ch. 61. It is difficult in many cases where goods of one person are in the possession. Thus if A. order. to deter mine whether the true owner's rights are affected by this section. and the trustee and not B. The section will apply where the real owner gives. There must be an apparent owner as sole reputed and a true owner : the bankrupt must be the apparent owner. Miller. and that therefore the goods are not in the bankrupt's possession with the owner's consent. and the real owner must consent to the apparent ownership as such(b). inasmuch as he is bound to take the preliminary step of giving notice in writing of his intention so to do. 2 Q. B. not the possession only.

(«) Craweour v. Turqmnd. 636. the custom of hotel-keepers to hire the furniture in their hotels is now so well known as to exclude the opera tion of the reputed ownership section (e). then the property will pass to his assignees . and so is also the custom of hiring pianos on the three years' system (/). Thus a usage of trade to leave the goods of one person in Avoidance of the possession of another will exclude the reputation of ownership by- ownership. D. . established. it must not be forgotten that the onus [d) Ex p. s. for it is notorious that general warehousemen keep the goods of other people as well as their own in their warehouses (d). but it is always a question of fact whether or no the circumstances are such as to create that reputation " (d). 10). 1. Salter. C. There is no inflexible rule of law that because the man who was once the owner of goods and has sold them remains in possession of them. Eattersley. (/) Ex p. and in those circumstances which create a reputation of ownership. On this matter Lord Selborne. 14 Q. in his trade or business. L. the bankrupt is a general ware. The bankrupt must not only have the possession. PROPERTY DIVISIBLE AMONGST CREDITORS. he must therefore be held to be the reputed owner. so that they can obtain credit as if the ownership had not been changed. says :—" The principle of law on this subject is well expressed in the pre-amble of the statute (21 Jac. 8 Ch. that there should be what is called the order and disposition of the property . c. in point of fact. and secondly. If he remains in possession with the reputa tion of ownership. Again. B. 601. v. First.well-known houseman. 19. CHAP. and which par ticularly contemplates the case of persons selling goods and permitted to remain in possession of them. order. D. But The^custom though the Court will gladly assist the true owner of goods. for instance. That being the principle. who seeks to escape from the operation of the section by setting up a custom. no person dealing with him would have a right usage" to say that goods were in the reputed ownership of the bankrupt because they were in his warehouse.0WMrslliP- ticular circumstances make him so or not is a question of fact. D. 18 Ch. p. Reputed but he must also be reputed owner. 75 3rdly. The statute does not say that. or disposition of the goods. two things are necessary to bring any case within it. Wathim. If. 528. to which reference has been made in the argument. that there should be. reputed ownership arising from the circumstances. 8 Ch. 30. R. Exp. and whether the par.

9 Ch. as before defined (ante. Avoidance of Avoidance of Voluntary Settlements. Nor is it necessary that the owner should obtain possession if he before notice of the act of bankruptcy and before the receiving order bond fide demand his goods and dissent to their remaining in the possession of the bankrupt (m). 8 Ch. if the settlor (g) Ex p. Graham v. 47. & C. shall. R. V. can obtain pos session of the goods before the receiving order. Ember. of proving the custom will lie on such person (g). by s. and before the receiving order. 7) S. (A) Ex p. p. Montagu. and from no fault of his own fails to get it.76 THE PRINCIPLES OF BANKRUPTCY . 554. Carvalho. the trustee in bankruptcy. True owner's If the property be in the hands of an agent of the bank property in rupt. 1869) . And though the goods are in the bankrupt's possession at the commencement of the bankruptcy. 49. p.—Voluntary settle voluntary ments may. Demand of If the true owner bond fide demands possession of pro goods by true perty with a view of taking possession before the bank owner. 621 (B. 2). 1 Ch. L. before notice of an available act of bankruptcy. even though the notice may not reach the agent before the receiving order is made (i). 134. L. or a settlement made on or for the wife or children of the settlor of property which has accrued to the settlor after marriage in right of his wife. In re Horn. 14 C. ruptcy. R. R. D. 144. the property is not in the possession of the bankrupt with his consent (k). " Any settlement of property not being a settlement made before and in consideration of marriage. . k) Ex p. 3 Mor. Ex p. yet if the true owner. or made in favour of a purchaser or incumbrancer in good faith and for valuable consideration. L. CHAP. By that section :— S. 8 Ch. be declared void against settlements by debtors. not having notice of an available act of bankruptcy. Lovering. 4 M. & Ad. (») See Burn v. 520. it must be remembered that it is not at all necessary to examine into the degree of actual knowledge which is pos sessed. 47. 674 . A. Watkins. his title will prevail against the trustee (I). 5 B. and if he does so as soon as he has an opportunity. W) Smith v. 82 . B. in certain cases. post. Ward. but the Court must judge from the situation of the goods what inference as to the ownership might be legiti mately drawn by those who knew the facts (h). 690. the property will not pass to the bankrupt's trustee. entitled to it give notice to the agent. 51. Further. Topping. the true owner should immediately on his becoming hands of bank rupt's agent.

77 becomes bankrupt within two years after the date of the ." It would seem that there is no " settlement " within the section. B. and shall." and the section is aimed at donees under settlements. whether vested or contingent in possession or remainder. but " voidable. a gift of money to a son to enable him to begin business. the diamonds with jewellers. . 19 Q. 261. 186. settlement. PROPERTY DIVISIBLE AMONGST CREDITORS. where the wife in the case just referred to pledged. if the settlor becomes bankrupt at any subsequent time within ten years after the date of the settlement. and not being money or property of or in right of his wife. 682. for the future settlement on or for the settlor's wife or children of any money or property wherein he had not at the date of his marriage any estate or interest. unless the settlor wishes the property to be pre served (n). Todd. Thus. (o) Ex p. D. B. The word " void " in the section does not mean void ab initio. he void against the trustee in the bankruptcy. 377. shall. 280. 15 Q. D. (1893) 2 Q. before the husband's bankruptcy. and not at bond fide purchasers or mort gagees from them. the jewellers' title was not defeated by the voluntary settlement on the wife (r). be void against the trustee in the bankruptcy. 9 Mor. B. in re Ashcroft. There the (») In re Player (2). q) In re Vansittart. unless the parties claiming under the settlement can prove that the settlor was at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement. p) In re Player (1). be void against the trustee in the bankruptcy. on his becoming bankrupt before the property or money has been actually transferred or paid pursuant to the contract or covenant. and that the interest of the settlor in such property had passed to the trustee of such settlement on the execution thereof. is not within the section (n) : but where there was a transfer of shares in a company (o). where shares were purchased and registered in the name of the donee (p). (r) In re Vansittart (2). " ' Settlement ' shall for the purposes of this section include any conveyance or transfer of property. Thus. the section was held applicable. and where there was a gift of diamonds by a husband to a wife (q). "Any covenant or contract made in consideration of marriage. 2 Mor.

in which the settlor has no present p^ftobT interest. acquired in that if a trader on his marriage were to covenant that in the future. nx) In re Holden. B. but it would seem that the mere fact that a bond fide purchaser or mortgagee has notice that he is dealing with a person who claims under a voluntary settlement will not defeat his title. he having no interest in it at the time. if at the time there is no bankruptcy. after all. 78 THE PRINCIPLES OF BANKRUPTCY. B. or of the settlor's insol vency (s). 127. It is. Latter part of The second paragraph of the above section is directed aimXagainst a?amst settlements of specific property or money expected settlements of to accrue at a future time." and so subject to the first clause of the section (t) : but. perhaps. it was held that the covenant was outside the section. originally valid. the real decision there was that such a title as the trustees had could not be forced on an unwilling purchaser (u). 381. chap. sup. difficult to reconcile these cases with one in which it was held that purchasers of freeholds from the trustees of a voluntary settlement would be " parties claiming under the settlement. . Where a voluntary settlement. is avoided under section 47. But where a trader by his marriage settlement covenanted that he would pay £6000 to the trustees of the settlement by a given day to be held by them on the trusts of the settlement. as the money was (») In re Brail. (1891) 2 Ch. . the trustees thereof are entitled as against the trustee in bankruptcy to a lien on the trust property for expenses properly incurred by them as trustees in the per formance of their duties (x). and he has no notice of any fact avoiding the settlement. should the covenantor become bankrupt before the actual transfer of the property. 20 Q. it was held. (1893) 2 Q. Stuckey's Banking Co. D. (1895) 1 Ch. and before the money was payable he filed a petition for liquidation. v. so as to give him priority over mortgagees and incumbrancers subse quent to the settlement (y). case any property were left to him by his father he would settle it on his wife. 176. under s. Thus. 43. <3f) Sanguinetti v. \t) In re Briggs and Spicer. the covenant would be void against the trustee in bank ruptcy.. (m) In re Vansittart (2). The fact that a settlement has been declared " void against the trustee in the bankruptcy " does not entitle such trustee to stand in the place of the beneficiaries thereunder. 91 of the Act of 1869. jewellers had no notice of the voluntary settlement.

125 (c). It is scarcely necessary to say that though a settlement may not be impeachable under s. A. 48. if the person making. not necessarily on both sides (e). In determining the ability of the settlor to pay his debts Ability to pay without the aid of the property comprised in the settlement. 732 : cf. thereon made. debte' the value of the implements of his trade and of his fixtures and of the goodwill of his business should not be taken into account if he intends to continue business . 19 Ch. should only be what would be realised at a forced sale (a). R. p.. or any person in trust for any creditor. (d) Sance v. or suffering the same is adjudged bankrupt on a bankruptcy petition presented within three months after the date of making. D. 48 :— "Every conveyance or transfer of property.—By s. Harding. taking. 1890. paying. it may be attacked under the statute of Elizabeth (ante. 79 not specifically ear-marked. PROPERTY DIVISIBLE AMONGST CREDITORS. every obligation in. 10 Ch. . 18 Q. 677. (1895) 1 Ch. v. B. did not apply to the administration of the estates of deceased insolvents under s. in re Pumfrey. Bishop. (c) In re Gould. Russell. But where the settlor reserves in the settlement a life-interest to himself. taking. now ss. D. B. D. in re Butterworth. 2 Mor. " Purchaser " in s. (a) Ex p. the value of such life-interest ought to be taken into account in considering whether he was able to pay his debts at the date of the settlement (b). (b) In re Lowndes. marriage might prove for the £6000 (z). D. 168. p. 223. 20 Q. 3 (16) and 21 (3) of B. before the Act of 1890. 19 Q. Hillman. 27). 47. and that the trustees of the chap. L. or charge s. with a view of giving such creditor a preference over the other creditors shall. 505. 8 Ch. («) Mackintosh v. viz. if taken into account. and every judicial proceeding taken or suffered by certaln^es? any person unable to pay his debts as they become due from his own money in favour of any creditor. 718 . The " good faith " required is to be on the part of the purchaser. 588. 622. Ex p. see In re Knight. 92 : cf. D. 47 is not limited to a purchaser in the mercantile sense of the term. every payment made. B. S. Avoidance of Fraudulent Preferences. a person who has bought something by contract of purchase and sale. but includes a person who has given some valuable consideration (d). at any rate such value. paying. see post.Avoidance of curred. or suffering (z) Ex p. Pogose. 47.

" In seeking to make out a case of fraudulent preference the trustee is liable to be defeated by the creditor showing that the payment or other transaction was the result of pressure put on the debtor by him.sf. p. 69. 580. so that it may not be barred by the Statute of Limitations (I). not with the domi nant view of preferring a particular creditor. D. (»») In re Mills. 216. (») Ex p. Q) Ex p. T. 1 Man.80 THE PRINCIPLES OF BANKRUPTCY.po. that there has been a fraudulent preference. 871. (A) Ex p. sup. such as a breach of trust (ri). B. B. 19 Ch. in such a case it is obvious that pressure could have no real effect. I) Exp. But the pressure which the creditor must prove is a real bond fide pressure. 416. But where a debtor makes a payment. k) Ex p. (t) In re Fletcher. In re Vingoe. and that the payment or transaction sought to be set aside was not made or entered into in consequence of it (g). D. or to protect from liability a person who is surety on the debtor's behalf for a debt (m). 9 Mor. D. Taylor. or to revive an undisputed debt. Gaze. although the debtor may have been actuated by other motives as well (h). 23 Ch. B. 163. Generally. 295. D. or to make reparation for a past wrong. Griffith. • the same. but in the belief that he is under a legal obligation to pay (i). be deemed fraudulent and void as against the trustee in the bankruptcy (/). no such pressure where a debtor informs his creditor that he cannot hold out. And it was held that there was none where a bill of sale was bond fide given to correct an error in a former one (o). there will be no fraudulent preference within the section. "This section shall not affect the rights of any person making title in good faith and for valuable consideration through or under a creditor of the bankrupt. as to a receiving order under s. or to save himself from exposure or a criminal prosecution (k). 103. where the domi nant view of the debtor is to prefer a particular creditor the Court will hold (the other conditions of the section being fulfilled). (1892) 2 Q. and there is. (o) In re Tweedale. 58 L. A payment made to a co-trus tee or cestui que trust would not be within the section as (/) See. . 23 Q. or that he is about to become bankrupt. 18 Q. 74. 8 . Taylor. Hall. and thereupon the creditor threatens him with an action to enforce payment .

and before notice of a bankruptcy petition by or against the debtor. See also Exp. See post. 48 (q). Taylor. B. c. A fraudulent preference is now an act of bankruptcy (see •ante.*5- ■or lands of a debtor. unless completed by the creditor before the date of the receiving order. or has attached any debt due to him. 16 Q. R. 22). R. is not affected by this section (s). it was held that he did not thereby become a secured creditor. Ball. 110. G . " For the purposes of this Act. 25 Q. and (p) Ex p. unless he has completed the execution or attachment before the date of the receiving order. 153. D. 81 the relation of debtor and creditor would not exist between chap. D. 33 Ch. But where a judgment creditor obtained the appointment of a person as receiver of the goods of the debtor. will not be good against the trustee. p. 515. p. or in the case of an equitable interest by the appointment of a receiver. 35 W. sup. and an execution ■against land is completed by seizure. or of the commission of an available act of bankruptcy by him. (r) In reSobson.B. PROPEETY DIVISIBLE AMONGST CREDITORS. 285. v. an execution against goods is completed by seizure and sale ." A delivery of land to an execution creditor under a writ of elegit completes the seizure although the sheriff has not made his return to the writ (?•). 45 : — " Where a creditor has issued execution against the goods s. D. and the debtor's discharge may be affected by an undue preference. B. or of the commission of any available act of bank ruptcy by the debtor. A charging order obtained by a judgment creditor upon shares belonging to the judgment debtor under the provi sions of Ss. (q) In re Skeyg. 14 and 15 of 1 & 2 Vict. and would include a transaction which ■could not be set aside under s. and before notice of the presentation of any bankruptcy petition by or against the debtor. or an attachment of debts due to him. an attachment of a debt is completed by receipt of the debt . Restriction of Rights of Judgment Creditors. In the words of s. — An execution against the goods or land of a debtor. which has a wider meaning than a fraudulent preference. 493. (*) In re Hutchinson. 264. the parties (p). ^^^on °* he shall not be entitled to retain the benefit of the execution creditor under ■or attachment against the trustee in bankruptcy of the attachment' debtor.

namely— "(1) The payment. notice of a bankruptcy petition by or against the debtor. B. («) A charging order on stock or shares or money in Court belonging to a judgment debtor is not a " transaction " protected by this section : In re O'Shea'* Settlement. or transaction. as if there had been any execution it had not been completed by sale (t). V.. The section runs thus :— g_ 49. A. " Provided that both the following conditions are complied with. which take place before the date of the receiving order. as the case may be. and " (2) The person (other than the debtor) to. in connection with the bankrupt or his property. " Subject to the foregoing provisions of this Act with Protection of respect to the effect of bankruptcy on an execution or attach- bondfde ment. but after the bankrupt has committed an act of bankruptcy. or transaction by or with the bankrupt for valuable consideration (u). (1893) 1 Q. who is in due course adjudged bankrupt on that or some other petition of which the sheriff has notice. ii. 325. B. See also In re Potts. which directs the sheriff on being served with notice of a receiving order against the debtor to deliver to the official receiver the goods seized or any money seized or received in part satisfaction of the execution. 1890 (ante. by. contract. that he was not entitled to the goods. assign- (i) In re Dickinson. dealing. 11 of the B. takes place before the date of the receiving order. delivery. " (c) Any conveyance or assignment by the bankrupt for valuable consideration. or with whom the payment. conveyance. The position of an execution creditor is further affected] by s. (1895) 1 Ch. . ments and preferences. on receiving within fourteen days. nothing in this Act shall invalidate in the case of a bankruptcy— " (a) Any payment by the bankrupt to any of his creditors.82 THE PRINCIPLES OF BANKRUPTCY. delivery. p. chap. 648.. " (c£) Any contract. in respect of a judgment for a sum exceeding 201. 22 Q. 34). without notice. conveyance. and to pay over to the official receiver or trustee the proceeds (less costs of execution) of goods sold. which protects certain transactions (to use a general word). 49. " (b) Any payment or delivery to the bankrupt. Protected Transactions.—We pass now to s. assignment. 187. or money paid to avoid a sale. D. dealing. and with respect to the avoidance of certain settle- transactions * .

tz) Lucas v. of it lies on the person seeking the protection of the sec tion (x). D. and the bill of sale holder accordingly took possession without notice of an act of bankruptcy which had been committed on the previous day by the filing of the petition. (b) In re Wright. however. R. Notice that a petition has been presented against a person is notice of an act of bankruptcy committed by him. delivery. 3 Ch. because such a petition must be founded upon an act of bankruptcy (z). 9 Ch. or is about to suspend. and not with the object of inviting him to come and take possession). or transaction. notice of any available act of bankruptcy committed by the bankrupt before that time. 409 . chap. D. L. 727. PROPERTY DIVISIBLE AMONGST CREDITORS. or if he wilfully to notice- abstains from acquiring such knowledge. 84. B. is in itself an act of bankruptcy (ante. dealing. and as to notice. Schulte. and so where the holder of a bill of sale received from his debtor a notice (sent bond fide. 6 Q. L. But notice that a petition has been dismissed would appear not to be notice of an act of bankruptcy (a). has not at the time of the payment. 325. 7 Ch. 70. B. Ex p. Revell. p. assignment. contract. payment of his debts. notice by a debtor to any of his creditors that he has suspended. 2). Now. 3 of the Bankruptcy Act. v. the Court held that he was protected by s. executed. p. 1869 (6). and in such a case the Court will not inquire whether he did in fact draw that inference or not (y). dealing. 83 inent. or entered into. conveyance. (x) Ex p. S. 549. or transaction was made. 49 above set out does not protect transactions that take S. (a) Ex p. R. 13 Q. sub-s. 23). contract. Snowball. D. that the debtor was about to file a liquida tion petition. As to what amounts to notice the following decisions on the Act of 1869 should be remembered :— A person will be deemed to have notice of an act of What amounts bankruptcy if he has knowledge of it." "Available act of bankruptcy" has been already defined (ante. p. 49 does not place after the date of the receiving order . (1895) 1 Ch. Dicker. the onus of proving the want Onus of proof. or if he knows facts from which any impartial person would naturally infer that an act of bankruptcy has been committed . so that a person. (a) In re O'Shea's Settlement. Notice of an intention to commit an act of bankruptcy is not notice of an act of bankruptcy. 94. G 2 .

order him to pay the amount admitted. after having been tendered a reasonable sum. either by word of mouth or by written interrogatories. on the application of the official receiver or trustee. 48. or property. or any person whom the Court may deem capable of giving information respect ing the debtor. summon before it the debtor other person. though it was before the receiving order. or property. on the application of the te) See Ex p.—The Court may. any person so brought before it concerning the debtor. and though the creditor had no notice of an act of bankruptcy (d). And if he admits that he has in his possession any property belong ing to the debtor. Again. or property. the Court may. may be compelled to pay it again to the trustee. yet as the payment was made in bad faith and con trary to bankruptcy law. 49 may not badfaitlT and protect transactions contrary to bankruptcy law. 111 i or his wife. chap. D. on Examination tne application of the official receiver or trustee. having been made after the petition. Discovery of Debtor's Property. 8 Ch. either at the time of entering into the contract nor trans. pays him a sum of money order. The Court may examine on oath. 367. or at the time of the payment (c). his dealings. cause him to be apprehended and brought up for examination. with or without costs of the examination. s. or supposed to be indebted to the debtor. 10 Mor. by warrant. refuses to come before the Court. after the of the debtor. or to produce any such document.84 THE PRINCIPLES OF BANKRUPTCY. . . after the receiving order. or any person known or suspected to have in his possession any of the estate or effects belonging to the debtor. where contrary to a payment to a creditor by way of fraudulent preference could ?awlmiI)tCy not De avoided under s. If any person so summoned.. the Court may. S. full discharge of the whole amount in question or not. or receiving order has been made. either in. the Court may. having no lawful impedi ment made known to the Court at the time of its sitting and allowed by it. as the Court thinks fit. or any part thereof. w}10) jn fulfilment 0f a contract entered into with the bank- receiving rupt before the receiving order. Babbidge. (d) In re Badham. and the Court may require any such person to produce any documents in his custody or power relating to the debtor. 252. 27. 49. Thus. If any person on such examination admits that he is in debted to the debtor. his dealings. his dealings. it was not protected by s. or nis wife. even though he had no notice of an act of bankruptcy. v.

The misdemeanours referred to are contained in ss. if it think fit. and by which the provisions of that Act. B. shall be examined in Scotland or Ireland. Exp. and relate to frauds by agents. property. D. of the B. 223. 323 C : see ante. 1890. but if it once appears that the witness is in danger. arid of the Act of 1883. p. p. 3 (16) : see ante. s. 75—84 of the Act mentioned. v. 159. See Rs. 20 Ch. are rendered applicable to trustees appointed under such s. 85 official receiver or trustee. 3 Mor. D. that there is reasonable ground to apprehend danger to him from his being compelled to answer. no person was liable to be convicted of any of these (e) S. 27 (/) . (A) B. or any part thereof. (i) Ex p. A. 55. though the answers may criminate him (i). 1890. A. 168). and on such terms as to the Court may seem just. which is partly repealed (k). 1890. The statement of a witness that in his belief his answer Questions to a question may tend to criminate him is not enough to J^^ft*° excuse him from answering. be now affected by s. 6 Ch. This decision may. 15 Q. but the Court must be satisfied from the circumstances of the case. (/) B. or in any other place out of England (e). sub-s. 294 . which relates to the administration of such an estate. however. Before the B. . p. 9. but the section has been held not applicable where the estate of a deceased insolvent is being administered under s. Reynold*. great latitude will be allowed him in judging for himself the effect of any particular question (A)- A debtor against whom a receiving order has been made must answer questions relating to his property. 27. 1890. 3. Schofield. 21 (see post. A. p. PROPERTY DIVISIBLE AMONGST CREDITORS. Gilbert. bankers. 230. 61—71. (A) Exp. c. and in such manner. s. or factors. 96. order that any person who if in England would be liable to be brought before it under this section. 85 of 24 & 25 Vict. and the nature of the evidence that the witness is called upon to give. The Court may. D. 165) (g). A. 125 (post. A trustee under a composition or scheme can now avail himself of s. at such time. 27 (2). 21. order him to deliver up such chap. (g) In re Hewitt. relating to trustees. A statement or admission made by any person in any com pulsory examination or deposition before any court on the hearing of any matter in bankruptcy is not admissible as evidence against him in any proceeding in respect of any of the misdemeanours referred to in s.

S." *ne possession of the bankrupt or of any one else. and 1891 re spectively. 6 Ch.—The Court may. but he may be so compelled where the address has not been communicated to him confidentially. or he might take {l) In re Arnott. 23 Q. 226. as will be seen.misdemeanours where he first disclosed the same in any such compulsory examination or deposition as above mentioned . 4 of the Act of 1878. the examination may be held before an officer of the Court elsewhere (m). and for that purpose to break open any building or place of the bankrupt. R. It is convenient to consider at this stage in what cases the trustee will be entitled to property which has been assigned by the bankrupt by a bill of sale. D. See also R.86 THE PRINCIPLES OF BANKRUPTCY. 703. when tried for these misdemeanours. or where he and the bankrupt are engaged in committing some offence (I). Before dealing with these Acts it will be useful to consider the position of a bill of sale at common law. 66. (see Appendix). The two latter merely exempt certain letters of hypothecation from the definition of a bill of sale contained in s. A solicitor will not be compelled to disclose the address of a bankrupt. 1882. Bills of Sale. although such a statement or admis sion will not be admissible against him. (>») In re Bradbrwk. by warrant. L. . the fact that he has first disclosed them in any such compulsory examination or deposition will not save him from a conviction. 61. Seizure of Property. The present law as to bills of sale is contained in four Acts. or taking possession of them— he might take a sale of them out and out. where the bankrupt or any part of his property is supposed to be. but now. and see Ex p. which the bankrupt has communicated to him in confidence for the purpose of obtaining his advice as his solicitor. direct Seizure of any person to seize any part of the bankrupt's property in Bankrupt. 37 W. 61.v. Where a witness who has been summoned for examination is too ill to attend the Court. 223 . 1890. The Court may also grant a search warrant if satisfied that there is reason to believe that the bankrupt's property is concealed in a house or place not belonging to him (n). Campbell. R. B. passed in 1878. (») S. At common law a man might take a security upon goods without carrying them away. CHAP.

17 Q. (») Beckett v. so that where the object and effect of the transaction are immediately to transfer the possession from the grantor to the grantee. When that time arrives. 91). (1893) 1 Q. Cas. B. The Act of 1878 applies to all bills of sale (as defined by s. or the Amending Act (r). in the absence of express stipulation the property in them passes at once to the mortgagee. B. executed on or after its com mencement. The Act of 1882 applies only to such bills of sale (as previously defined). The Court not only may. however absolute the assignment of the goods may be in form (s). and the only thing that remains to the mortgagor is his right or equity to redeem. 386 . At CHAP. 18. does not apply to any bill of sale executed before its commencement (s. Thomas. save with regard to the rule of construction provided by s. if he does not pay. 14 Q. 653. and the provisions for the renewal of registration contained in s. (?) S. p. Diprose. 11 (see post. 9 App. B. Margrett. Ex p. then it is within the Act of 1882. not of form. 3). 87 a mortgage of them without taking possession (o). B. as are given " by way of security for the payment of money. If it be found to have been so given. 3 of 1878. PROPERTY DIVISIBLE AMONGST CREDITORS. D. D. B. Ramsay v. The Act of 1878. however. and the Amending Act of 1882. (1891) 1 Q. so long as the registration thereof is not avoided by non-renewal or otherwise (s. «90 . 230 : see also In re Watson. so a stipulation is inserted in the document giving the mortgagor the right to possession until the time of payment. the right to possession passes to the mortgagee. 664 (p) Johnson v. (r) Ex p. (o) Cookson v. but must. (1891) 1 Q. Close. 512. 638 . 4). on a mortgage of chattels." Unless the context otherwise requires. 1878. it does not apply to any bill of sale duly registered before the commencement of the Act. "V. Madell T. . 96). 25 Q. The common law position of bills of sale is. B. (1894) 2 Q. but of fact. Tower Assets Company. B. Hubbard. inquire into the real nature of the trans action. Swire. greatly modified by the Bills of Sale Act. The question whether a document was given " by way of security for the payment of money" is one. This equity continues as long as the goods are in the mortgagee's possession (p). p. 27. in re Hall. D. 23). 7 (see post. common law. the case is not touched by the Act of 1878. whereby the grantees have power to take ' possession of any personal chattels comprised in them (q). executed on or after its commencement.

The two important points to note in a bill of a sale are therefore:— (1) The date. to be deemed to be a bill of sale. limited to bills of sale given " by way of security for the payment of money by the grantor thereof" (t). Mills. Margrett. If the document is intended by the parties to it to be a part of the bargain to pass the property in the goods. Cas. But.88 THE PRINCIPLES OF BANKRUPTCY. and is contained in s.. B. (2) Authorities or licences to take possession of personal chattels as security for any debt . The Act of 1878 was designed to prevent the rights of creditors from being affected by secret assurances of chattels which were permitted to remain in the ostensible possession of a person who had parted with his property in them. . Ramsay v. Sheffield. as we have seen. this being the object. 4 of the Act of 1878. 13. even if it be only a receipt for the purchase money. Manchester. (2) Whether it is given byway of security for the payment of money. (1892) App. — Not every document which may be drawn up at the time when the transaction is being carried out for the purpose of transferring goods from one party to another. But if the transaction (t) North Central Wagon Company t. at p. App. it is. by s. 231 . the enactment is. (u) See s. 560. (x) Charlesworth v. even as between the parties to rt. Co. The definition of a bill of sale is the same for both Acts (u). though it is not so in fact. 4. The bills of sale were therefore made void only as against creditors or their representatives. The object of the Act of 1882 was to- prevent needy persons from being entrapped into signing complicated documents. (3) Agreements by which a right in equity to any personal chattels. which they might not understand- And so a form is provided to which bills of sale are to con form. 18. or to any charge or security thereon is conferred . On examination of this definition it will be seen that it falls within four heads : (1) Certain instruments which operate as assurances of personal chattels . Assurances. Sy. whatever the form of the document may be. is a bill of sale (x). 3 of 1882. It must be carefully kept in mind that the scope and object of these two Acts are entirely distinct. then. $c. As between the parties to them they were perfectly valid. (4) Exceptions from the definition. (1894) 2 Q. 1. and the result of non-observance of the form is to render the bill of sale void. Cas.

if it (y) Newhve v. An agreement to give a bill of sale. 196. Hubbard. D. where goods are pledged as security for a loan. D. Ry. being able to defend his possession without the document. 669. D. the grantor of the chattel signed a " receipt " (as if there had been an absolute sale). the document in question must be " a docu ment which either in law or in equity amounts to an. (b) See Ex p. v. in these circumstances it was held. at p. PROPERTY DIVISIBLE AMONGST CREDITORS. assurance" (e). 35 Ch. the pledgee only getting a special property in them (6). In re Roberts. 36 Ch. so that the property passes independently of it. upoD an oral agreement by which title to a personal chattel was given by way of security for an advance. D. $c. which receipt was not intended to and did not express the real contract between the parties . Again. . 231. and delivered to the pledgee. since the Acts strike at documents. (e) See Hilton v. 39 Ch. It is not an assurance. It would seem that it is not essential that the advance and the delivery of the goods must be actually contemporaneous if the delivery really takes place (c)„ But where a contract for the sale of undelivered goods within s. sup. 690. 17 of the Statute of Frauds was valid only by reason of a memorandum in writing.. not being an assurance. B. the non-registration of a super fluous document will not avoid the transaction. a document signed by the pledgor recording the transaction and regulating the rights of the pledgee as to the sale of the goods. 41 . because the general property in pledged goods remains in the pledgor. B. Hubbard. (e) North Central Wagon Co. 17 Q. his title was not affected by the Bills of Sale Acts (y). Tucker. Co. 89 is complete without the document. Mills. yet the transaction of pledge is complete without it (z). that such document. D. is not a bill of sale. was not a bill of sale within s. In such a case the document is not a licence to take possession of the goods. [a) In re Roberts. For example. and that the grantee in possession of the chattel under such agreement. («) Charlesworthv. 136. Manchester. 36 Ch. 21 Q. 213. (1892) App. not transactions (y). D. To come within this part of the definition. Shrewsbury. because it does not come into operation until possession has been given to the pledgee (a). (z) Exp. such memorandum was held to be a bill of sale (d). 4 of the Act of 1878. Cas. for though the pledge is accompanied by a written document.

(A) Ex p. is relied on as an equitable assignment of the property would be a bill of sale (/). however. 2. 8 Ch. McKay. but a bill of sale given in pursuance of such an agreement. 17 Q. D. the moment the property comes into existence the agreement operates on it (m) . Larsons. This is especially the case where there purports to be a sale followed by a hiring agreement. Authorities or licences to take possession of personal chattels as security for any debt. Hauxwell. 532. is con ferred. B. or to any charge or security thereon. 643. (i) Ex p. Hubbard. as in (/) Ex p. Marshall. 16 Q. and does not begin at all until the grantor voluntarily gives possession of the goods to the grantee. and registered. 690. Parsons. 191. inasmuch as it cannot be ex pressed in the form provided by that Act (k). If. It is some times difficult to determine whether a licence to seize has been granted or not. D. then it is not a bill of sale . (k) Ex p.—A familiar instance of this is where chattels to be afterwards acquired are assigned or charged by a document. but if the substance of the matter is that the goods are security for a loan to the hirer. so that a right in equity to the chattels. of L. 532. If the hiring agreement is a real letting out of goods by the real owner of them. lb Q. 3.—If the document gives the grantee a right to take possession of the goods. E. (I) In re Watson. B. A licence to seize can never. 626. L. . in equity. At law. D. by means of which the hirer is eventually to get back the property in the goods which were originally his own. the transaction does not depend on the power of the one party to take possession against the will of the other. or to a charge upon them. even though it be a right to take immediate possession. Agreements by which a right in equity to any per sonal chattels. it comes within this part of the definition (h). B. D. In re Jeavons. But where the legal and equitable rights arise together. be given as security for money. 27. (m) See Holroyd v. D. 16 Q. would be created. 10 H. {ff) Ex p. 23 Ch.90 THE PBINCIPLES OF BANKRUPTCY. that is not an authority or licence to take possession of personal chattels (i). the agreement will be a bill of sale (I). B. would appear not to be affected by the non-registration of the agreement (g). no interest is transferred until possession is taken . since the Act of 1882.

192. Exceptions. The Act of 1882. when assigned together with an interest in the land or building to which they are affixed. fixtures and growing crops . 1891. B. PBOPERTY DIVISIBLE AMONGST CEEDITOES. Close. B. By s. D. 12 Q. Greenside. by s. or (2) that power is given to sever them from the land or building to («) See Beeves v. 4. the transaction would seem to be outside the scope of the Act (o). 5 of the Act of 1882. It may be mentioned that a memorandum of agree ment. I. furniture. And since the very moment at which the goods -are ascertained. . since the grantor would not be the true owner within s. 634 . %c. &c. D. 281. The principal sections of the Act of 1878 which apply to both classes of bills of sale : II." exclusive of certain fixed motive powers. (1892) 2 Ch. 6 of 1882. 4. 1890. 386. (q) Wenman v. (1891) 1 Q. Then.e. The Bills of Sale Act. (1891) 2 Q. 37 Ch. B.—It is unnecessary to deal with these at length. 91 the case of building agreements containing a clause that all chap. i. see also Morris and Delobbel- Flipo. Sections of Act of 1878 not confined to absolute bills of sale.—This expression in cludes goods. B. (o) Ex p. 100. establishes another exception in the case of certain instruments declaring trusts of imported goods. but it does not {inter alia) in clude fixtures (except trade machinery as defined in s. 352. plant and materials brought upon the land are to become the property of the lessor (n). may be a marriage settlement within the definition section (q). post. 14 Q. B. v. p. (p) See s. Bradley (1894). 5). Let us now deal somewhat specifically with— I. D. —S. though informal and not under seal. Lyon. 1 Q. fixtures are not to be deemed to be separately assigned or charged by reason only (1) that they are assigned by separate words.. 436. and Seed v. Except in two cases (p) future chattels cannot now be charged by way of security. (r) See Topham v. 7. Co. The sections of the Act of 1878 which apply only to absolute bills : III. 319. this part of the definition does not apply. and this means " the machinery used in ■or attached to any factory or workshop. Personal Chattels. 5 trade machinery is personal chattels. as amended by the Bills of Sale Act. Barlow. (r). and other articles capable of complete transfer by delivery and (when separately assigned or charged). when they are brought upon the land possession of them is given.

whereby. it was held that as the fixed plant. implements or utensils then or thereafter to be fixed to or used on the premises. But where there was a mortgage of business premises together with the fixed and moveable plant. It has been held that where there is a mortgage of a building on which are trade fixtures coming within the description of trade machinery as above defined. So also a stipulation in an agreement of tenancy that the landlord should have power to distrain for moneys accruing due for goods supplied (y). The above are the deci sions : but. a power of distress is given to the mortgagee as security for the payment of interest in arrear. J. 5. \t) In re Brooke.. B. B. Bank. query.. is always for the purposes of the Acts personal chattels. which. v. they pass by the deed as part of the land. by reason of the relation of landlord and tenant thereby created. Ashby £ Co. 6. and the Bills of Sale Acts are not applicable . In re Willis. Prov. (») Small v. L. D.92 THE PRINCIPLES OF BANKRUPTCY. B. may not In re Brooke be wrong.. and therefore an assignment of it would require to be registered as a bill of sale. if by the same instrument any freehold or leasehold interest in the land or building is also conveyed or assigned to the same person. (y) Pulbrook v. An attornment clause in a mortgage of land. 600. Nat. machinery and fixtures were not only mentioned but grouped with the moveable plant and machinery. Nat. 112. including a right to sever and sell. without any mention of the fixtures. Q.J. 21 Q.which they are affixed without otherwise taking possession of or dealing with such land or building. it was intended to confer on the grantee the same rights in respect of what was fixed. machinery and fixtures as being a bill of sale (u). (1894) 2 Ch. supra. . the relation of landlord and (#) In re Yates. D. Bank. This decision has been extended to a case where the fixed trade machinery is expressly mentioned in the mortgage deed as set out in the schedule (t). £. Kennedy. These sections present some difficulty. and so that the deed was void as to the fixed plant. v. But though the power of distress is avoided. 376. is personal chattels) did not pass as merely incident to the building but was expressly assigned or assured ? As to Small v. 38 Ch. 384. may it not be misleading in drawing no distinction between ordinary fix tures and fixed trade machinery. but the mortgagee could not in such a case sell the fixed machinery apart from the land (s). as were intended to be conferred in respect of what was moveable. chap. S. in In re Yates. 7 : see also the judgment of Cotton. (x) Ex p. 1 Ch. is a bill of sale within this section (x). though there is no express power to sever and sell it? see s. by s. atp. it is submitted. 120. 56 L. Prov. (1894. machinery and fixtures. because the trade machinery (which. 686.

Payment to a third person. Johnson. This section is repealed except as to absolute bills of ■sale. (c) Credit Company v. e) Ex p. cf. Nat. 26 Ch. and should then demise them to the mort gagor (a). PEOPEBTY DIVISIBLE AMONGST CEEDITOES. but the retention must be in respect of an existing debt. B. as to the application of the money (d) or not to register (e). Harris. A collateral agreement. The attornment clause itself is not such a taking possession by the mortgagee as is contemplated by the proviso. Ex p. (1895) i Q. . D. 319 • Ex p Ralph. 330. D. Mer. in re Chapman. 15 Ch. Popplewell. Mindlevich. 98 . D. Marsh. T. need not be stated. B. D. Mumford v. 279 . sup. but if a solicitor acting for both parties receives the consideration money as agent for the grantor. the whole consideration may be stated (z) See and cf. either as to their legal effect. 73. . Firth. Ex p. but of this £126 was the consideration represented by current bills accepted by the grantee for the grantor. 778. and not of an accruing liability. 22 Q. B. 93 tenant appears to be unaffected (z). (1892) 2 Q. If the consideration is a judgment debt. B. 8 of the Act of 1882 the con sideration for which a bill of sale is given must be truly stated. sup. D. b) Green v. but both by it and by s. Richardson v. D. Pott. 268. not a lease to secure money. Scobie v. D. B. Harris. 59 L. It is sufficient if the facts are accurately stated. Where the consideration was stated to be £312 •"now owing" by grantor to grantee. the consideration was not truly stated (/). 25 Q. T. and will not therefore of itself enable the mortgagee to make a new demise which shall be within the proviso (6). 338. (d) Ex p. S. Hamilton v. e. 419. Bank. (h) Richardson v. sup.g. D. 19 Ch. ' a) Exp. in re Willis. Kennedy. 19 Ch. 400 : see Cochrane v. 21 Ch. 6 Q. To bring a case within the exception it is necessary that the mortgagee should first take possession of the mort gaged premises. The proviso at the end of the section is intended to except the case of a bond fide lease by a mortgagee in possession. or retention of part of the money by the grantee at the request of the grantor. Collins. 73. or as to their mercantile and business effect (c). 8. v. Collier. /) Mayer v. 42 . Harris. Martin. an execution creditor would be entitled to show that the judg ment was obtained by collusion (g). Chaine. {g) Usher § Co. 1 Q. 295 . may be called payment to the grantor. Richardson v. D. B. 61 L. In re Haynes. 25 Q B D 57. In re Storey. Moore. 375. The retention of an agreed sum for the expenses of the transaction cannot be treated as a payment to the grantor (h) .

(»>) Cooper v. D. it (») Ex p. (k) Carrard v. S. at p. B. 139 . since it is to be written in the bill of sale itself . as it would not necessarily follow that he was present at the execution of the deed (o). 10 T. Defeasance. S. if this fact can be inferred from the affidavit. B. B. Robinson. D. Where two bills of sale are given to the same grantee the effect of the second upon the first depends on the intention of the parties (m). and in which he might possibly incur liability need not be referred to (q). If it is contained in the same deed it is called a condition (r). L. It is not sufficient to verify in the affidavit the signature of the attesting witness and describe his residence and occupation. (p) Yates t. . T. 81. Sharpe v. 10 (3). though every undertaking in which he might possibly be interested at the time. The description of the grantor in the affidavit must be such that those who knew him would recognize him. (I) In re Bargen. Fopplewell. Exp. Q. In this connection it may be noted that the acceptance by the grantee of another bill of sale from the grantor. 1 applies only to absolute bills of sale. but is contained in some other document. D. Ashcroft. R.—This section does not apply to a subsequent bill of sale executed more than seven days after a prior unregistered bill of sale (k). condition. Avoidance of duplicate bills of sale. B. 21 Ch. S. Child. though not expressly stated in it (p). 8 Q. Meek. though the solicitor after the execu tion of the deed retains his costs out of the proceeds with the grantor's consent (i). 51 L. (») Sub-s. 203 . D. (r) Ex p. 29. l_ as paid to the grantor. (g) Feast v. 337. or declaration of trust —A defeasance is something which defeats the operation of a deed. 50 L. It will be probably sufficient. B. J. 47 L. Ill. each within seven days of the execution of the one immediately preceding it. Knightley.94 THE PRINCIPLES OF BANKRUPTCY. Zeffert. in ignorance that the grantor has been adjudicated a bankrupt. by which the necessity for registration would be dispensed with. 32 "W. Bunt. The word defeasance is not therefore used here in its strict meaning. 24 Q. D. J. however. Greenham T. Ch. R. B. 823. This sub-section (n) was intended to give reason able information to those about to deal with persons who have given bills of sale. 302. 187. 10 (2). (1894) 1 Q. 9 Q. has been held not to operate as a surrender of the prior bill of sale (I). 9. 444. It was intended to frustrate the device of giving a series of bills of sale. [p) Ford v. Birch. Kettle. 36. 13 Q.

D. Simmons. 512. nor is a collateral agreement that the grantee shall first resort to other securi ties than the bill of sale : though this latter would appear to be a condition (y). («) Thomas v. The cases on this last section involve very fine distinctions. and that if the whole amount of the note were paid the rights of the grantee under the bill of sale would cease. and be void altogether under s. because the omission of a defeasance (for which there is a blank in the statutory form). 547. As. Simmons.. whereas the omission of a condition would under s. and there would be a defeasance of the bill of sale (z). Again. and the wife at the same time mortgaged some reversionary interests to secure the same debt with compound interest payable by instalments on the same days as those mentioned in the bill of sale. sup. B. and of course it is not a de feasance (u). Deen. 566. 10 (3) of 1878. Where along with a bill of sale payable by instalments the grantor gave the grantee a promissory note for the amount of the loan and interest secured by the bill of sale. B. 587. B. Marcus. 23 Q. $c. . it is perhaps more correct to say in this case that the stipulation in the note that in a certain event all the instalments should become due was a condition of the payment of the debt secured by the bill of sale. (1892) 2 Q. a debt is not defeated by being paid (y). it was held that there was only one contract. 95 is really a condition in the nature of a defeasance (s). B. \x) Carpenter v. D. either as a con dition or declaration of trust. Beckett. the whole sum remaining unpaid on the note to become due on default of payment of one instalment. Every CHAP. 9 of 1882. however. 553. (o) See Edwards t. (t) Seseltine v. A deposit of a policy of insurance by way of collateral security is not a defeasance (x) . it was held that the bill of sale did not contain the (») Blaiberg v. would make a bill of sale by way of security sin against the form. 19 Q. merely render the registration void (t). where husband and wife gave a bill of sale of goods to secure repayment of £300 with interest. PROPERTY DIVISIBLE AMONGST CREDITORS. (1894) 1 Q. condition is not. which ought to have been included in the bill of sale. B. Co. however. (z) Counsell v. B. payable by the same instalments as in the bill of sale. that a collateral agreement as to the application of the con sideration money is not within the section. and not a defeas ance (a). Searles. (y) Seseltine v. 408. and it is important to mark the distinction between them. It has been held. v. 18 Q. D. (1891) 2 Q. London $ Westminster. 96. a defeasance.

Sections of the Act of 1878 which are confined to absolute Bills of Sale. 8). Registration. or by extending the time for re gistration on such terms as he thinks fit (s. are in the possession or apparent possession of the grantor (s. and a bill of sale not registered is void against trustees in bankruptcy. and persons seizing under legal process the chattels in the bill of sale. If two or more bills of sale of the same chattels are given they take priority in the order of their registration (s. 420 . residence or occupation. sees. P. 5 C. Cummings. B. which at or after the time offiling the bankruptcy petition. 122. (1894) 1 Q. 587. or of the assignment for the benefit of creditors or of the execution of such legal process. As to apparent possession. though as between grantor and grantee such attestation is unnecessary (e). in the register. Parsons. 11). or occupa tion. ex p. ex p.—A transfer of a registered bill of sale need not be registered. a judge may order such omission or mis-statement to be rectified. and 20 of the Act of 1878 are repealed. —Sections 8. He cannot rectify an omission or mis-statement in the affidavit filed with the bill of sale : Crew v. There must be something done (b) Edwards v. 10 (3)). assignees for the benefit of creditors. and after the expiration of seven days. j_ conditions (i. . or there has been an omission or mis-statement as to any person's name. 21 Q. 128. except as to absolute bills of sale. II. (c) As to register. Registration must be effected within seven days. 14). it has been held that if a broker is simply put in and remains in possession. but allows everything to go on just as it did before. Marcus. B. D. (1893) 2 Q. B.e. and permits everything to be used by the debtor and his family. (d) In re Parsons.96 THE PRINCIPLES OF BANKRUPTCY. In re. so far as regards the property in or right to the posses sion of any such chattels. Such juris diction will not be exercised so as to defeat the vested rights of third parties (d). supra. D. either by inserting (c) the true name. (e) Davis v. 10 (1). 10 (1) a bill of sale must be attested by a solicitor. residence. as to the compound interest) on •which the borrowers were to discharge their debt (6). so as to prevent the removal of the chattels. Furber. Where by accident or inadvertence there has been an omission to register a bill of sale or an affi davit of renewal thereof. Furber. then the chattels still remain in the apparent possession of the grantor. Goodman. By s. Re-registration must take place every five years (s. 12.

applies to bills of sale given by way of security for money. By s. though the grantee himself has not taken possession (g). 6). 23 Ch. (g) Ex p. PROPERTY DIVISIBLE AMONGST CREDITORS. 668. 97 which takes theui plainly out of the possession of the grantor chap. and not to absolute bills of sale. plant. 9 Ch. 16 Ch. in respect of any personal chattels not specifically described in the said schedule. and it will be void except as against the grantor. 5) of which the grantor was not the true owner at the time of the execution of the bill of sale. even by way of security.—This.B. H . D. or disposition of the grantor within the meaning of the reputed ownership section of the Bankruptcy Act. in the eyes of everybody who sees them (/). 15 of 1882. or disposition section (s. or trade machinery used in. The chattels should be described in the schedule with such particularity as would be observed in an ordinary business inventory of such chattels (k). 20) now applies only to ab solute bills. B. 409. 210. The Act of 1882 does not apply to any bill of sale duly re gistered before November 1. as has been already said. v. In re Chappie. and so a bill of sale. registered before that date under the Act of 1878. order. III. is not liable to be defeated by the possession. The Act of 1882. Carlton Bank. (i) Ex p. or (s. 2 and 3) . so long as the registration is not avoided by non-renewal or otherwise (ss. 24 Ch. plant. The necessary de- (/) Exp. Izard. R. or brought upon any land or building in sub stitution for any of the like fixtures. Pannell. This section (s. By s. Saffery. attached to. being repealed as to bills by way of security (h). 20 of the Act of 1878 if a bill of sale is duly regis tered the chattels comprised therein will not be deemed to be in the possession. or in respect of fixtures (separately assigned or charged). Jay. order. would take the goods out of the apparent possession of the grantor. D. D. 4 a bill of sale under this Act must have an inventory of the chattels comprised in it set out in a schedule thereto annexed or written thereon. R. 44) of the Bankruptcy Act (i). (h) S. 1882. 704. Swift v. The actual visible possession of the sheriff. But nothing contained in the above sections is to render a bill of sale void in respect of growing crops separately assigned or charged. 83. {k) Davidson v. for instance. L. (1893) 1 Q. or trade machin ery specifically described in the schedule (s. where they were actually growing at the time the bill of sale was executed .

62 L. on sufficient grounds. 666. 20 Q. " Twenty-one milch cows " would not be sufficient as a description of part of the stock on a dairy farm . By s. Pratt. 264. D. Banner. \p) Walrond v. Deen. B. Ex p. • scriptjon would be different in vaiious cases. which. 16 Q. \r) Thomas T. and (l) Carpenter v." though his right may be qualified by rights existing in others. 63 L. D. 7. 408. 13). and not in any artificial meaning. B. Thus. for a restraining order : in any case. The words " true owner " in s. if registered. B. if a greater right of seizure is given than is contem plated by this section the form will be sinned against. But if the prior bill were given by way of security. Both the legal (o) and the equitable (p) owner of goods would appear to be true owners within this section. for cattle on the hills a general description would do. may within five days apply to the Court or a Judge. B. Southern Counties Bank. Goldmann. (1891) 2 Q. T. where a picture-dealer's stock was described as " 450 oil-paintings in gilt frames. 7 there are only five cases in which the grantee may seize the chattels assigned by a bill of sale by way of security. \m) Witt v. T. Exp. B." the description was held insufficient (m). 42 Ch. the grantor would still have the equity of redemption of the goods of which he could give a bill of sale (r).98 THE PRINCIPLES OF BANKRUPTCY. Again. would take precedence of the prior bill if unregistered (q). If a partner gives a bill of sale of partnership property it will be good to the extent of his interest (mi). (o) In re Sari. (q) Tuck v. As the form in the schedule incorporates the provisions of s. and the grantor. B. some description of breed or colour or other characteristic should be added to enable them to be identified (I). 591. D. the chattels are not to be removed for five clear days from the date when they were seized by the grantee (s. 289. although he could give a subsequent absolute bill (to which this Act does not apply). 471. . in the event of their seizure." so as to be able to give a bill of sale of the same goods by way of security. A man who has already given a bill of sale by way of abso lute transfer is no longer the " true owner. but for pedigree animals a more particular description would be required. (1892) 2 Q. 121 . 23 Q. 300 oil-paintings unframed. Searlea. In) In re Tamplin. 114. 5 are used in their natural. Barnett. A man may still be the " true owner.

18 Q. 10). whereas under s." will not render the deed valid (x). 7. 319 : cf. The result is. (y) Heseltine v. 547. 20 Q. Heal and Personal Ad vance Co. Bradley. every bill of sale under the Act must be duly attested (i. B. It will be noticed that the avoidance here is partial (y). B. In re Barber. v. By s. not the maintenance of a sufficient security less than that agreed to be given (u). 17 Q. Stanford. 494. B. Goldstrom v. 11 Q. Simmons. II 2 2084^5 . D. 9 : Davis v. Kelly. PROPERTY DIVISIBLE AMONGST CREDITORS. Such a bill of sale consists of two parts—the body of the instrument and the schedule. Pearce. A covenant to replace worn-out or damaged articles may be necessary to the maintenance of the security (u). D. 8.—A bill of sale coming under the Act of 1882 must be in accordance with the statutory form or it will be void. 13 App. B.. B. the bill of sale will be absolutely void (s). be registered within seven days after execution. D. 9 a bill of sale is wholly void unless made in accordance with the statutory form. («) Eurber v. 222 . 656. 484 . The covenant to pay. 553. 408. the insertion of a proviso that the goods " shall not be liable to seizure for any cause other than those specified in s. (x) Ex p. S. If a covenant is not " neces sary " for the maintenance of the security. D. Thomas v. 18 Q. 25 Ch. 17 Q. D. 557. Topley V Corsbie. and truly set forth the consideration : otherwise the bill of sale will be void in respect of the personal chattels comprised in it. 20 Q. D. 1 . The statutory form contains a blank for such covenants. it cannot be made so by the agreement of the parties (u). Tallerman. so far as it is a bill of sale. B. 506. B. at p. D. B. but a right of seizure can only be given for the breach of those which are " necessary " for the maintenance of the security (t). 9—Form. Bees. (1894) 1 Q. 259 . (t) Exp. Clears. 350. that terms which the parties may agree to for the maintenance of the security may be inserted in the bill of sale. Burton. 304. Bianchi v. (1892) 2 Q. Offord. by one or more credible witnesses not being parties to it : s. the instru ment. (2) Davies v. 18 Q.e. In re Williams. 17 Q. Where too large a power of seizure has in fact been given. D. will be avoided as against everyone (0). Cobb. Seed v. B. B. D. which is an integral part (s) See s. B. As to the first cause of seizure much discussion has arisen as to what covenants can be considered as being necessary for the maintenance of the security. Cas. If there is anything in either of these not allowed by the statutory form. In re Morritt. D. Maintaining the secu rity means maintaining the security created by the bill of sale.

(*) Ex p. and a bill of sale will possibly be void when it departs from the form in anything which is not merely a matter of verbal difference. In re Williams. 1895. D. The words of the Act are " in accordance with the form. («) 17 0. B. 32. B. If. 12. D. 25 Q. But in the latter case it would be good as an assignment of the chattel real (b). therefore a bill of sale cannot be given by way of guarantee (h). or of which the grantor was not the true owner at the time of the execution of the bill of sale. 6 (2). 8. (h) Hughes v. 647. and it is to that person that repayment must be secured (#). Myers v. 9 (a). The sum secured must not include a bonus (i). D. (i) Ex p. 392 : cf. 13 Q. the form would be complied with. Pearce. or if the schedule contains a chattel real. 1 Q. 4. The sum secured must be a definite sum. will be gone also. \c) Heseltine v. In re Smith. Kelly. Jan. Stringer. B. sup. 656 . Bradley (1894). and 5 respectively (d).. and does not depart from it in any material respect (d). but the bill of sale would be subject to the milder penalties imposed by ss. B. Byrne. and the lender would have to fall back upon the implied agreement to repay the money (a). or the schedule contained any chattels not sufficiently described. 259. 25 Ch. D. 526. D. Ex parte Tarbuck. sup. (/) Thomas v. Simmons. however. D. (1892) 2 Q. 18 Q. (ff) Melville v. it will be void under s. or within the scope of a covenant necessary for the main tenance of the security. 506 . Stanford (e) was : Has it a greater or less legal effect than the form ? But this is not an exhaustive test (/). In re Burdett. Entwistle. so that it is sufficient if a bill of sale is substantially in accordance with the form. (d) Thomas v. 116. Elliott. the consideration was untruly stated in the body of the in strument (c). Cochrane v. 13 App. 310. Cas. if the body of the instrument contains an assignment of " future " chattels (not coming within s. Kelly. 319). D. B. Kelly. • of the form. For instance. S. little. . and unless the rate of interest is a {a) Thomas v. B. B.100 THE PRINCIPLES OF BANKRUPTCY. It is a characteristic of the form that the chattels must be assigned to the person who lends the money. 16 Q." not " in " the form. and will certainly be so when it departs from it in anything which is a characteristic of it(/). Seed v. J. The test sug gested in Ex p. B. 20 Q.

or goods. 25 Q. 386. Con. Read T. 433 . In re Barber. 101 matter of very simple calculation it should be stated (1c). 11). (s) Hughes v.. 532 . 638. A bill of sale will not protect chattels liable to distress for taxes and rates (s. but " on demand. sup. 26 Q. (1891) 1 Ch. CHAP. . Con. and effects (s. B. A bill of sale under the Act given for less than £30 is void (s. B. 230. 18 Q. 17) (u). 489 . 9. 15 Q.. (k) In re Cleaver. Higgs. (m) Goldstrom v." will not do (n). 17 Q. D. 418. D. Ex p. B. D. Joannon. Beckett v. 1 Q. and it exempts from its operation debentures issued by mortgage. B. chattels. B. Stringer. B. Thomas (1891).. 14). (<) Ex p. Stanford." or " so long after demand. 34 W. D. D. D. or other incorporated companies. though the mere fact that it is difficult to construe would not be sufficient to avoid it (p). The time or times of payment must be certain. or capable of being rendered so . Little. 690. as in cases coming under s. Credit Co. wholly void. sup. Sibley v. (1891) 1 Q. loan. address.. 25 Q. (p) Haslewoody. the document will be void (£). 567. (o) Exp. sup. a document giving licence to seize chattels as security for a debt falls within the definition of a bill of sale. B. and description are an integral part of the form (q). and may include interest. Townsend. 543. The Act contains provisions as to local registration of bills of sale (s. Groome. Hubbard. . i. PBOPEETY DIVISIBLE AMONGST CEEDITOES. 16 Q. D. sup. (») See Hetherington v. In re Cleaver. 789 . 500. Tallerman. 18 Q. B. Credit Co. (q) Blankenstein v. but need not (m). Ex p. 12). B. 555. to ascertain which the Court may and will go behind the form of the transaction (r). (m) See In re Standard Manufacturing Co.. Haslewood v.. Cobb. D. E. A very complicated and prolix bill of sale might be held not in accordance with the form (o). (r) Madell v. as it would appear to do. Watkins v. 619.e.v- The instalments. and secured upon their capital stock.. Evans. B. Farsons. B. Robertson. D. if more than one. Furber v. 1 C. but if the licence necessitates a departure from the statutory form. Clemson y. Thus. Tower Assets Co. Consoli dated Credit Co. and as to inspection of registered bills of sale (s. 627 . 18 Q. The witness's name. 24 Q. D. B. 1 6) . 13 Q. need not be equal (I). D. (I) Haslewoody. & E. sup. Merritt. it is no answer to the statute that the particular transaction could not be in the statutory form (s). Where a bill of sale is in fact given by way of security for money. 1. sup. . at p. McKay v. B. Rawlings. Melville v.

Debts Provable and Non-Provable. or breach of trust. or (a) As to " available. DEBTS PROVABLE. . CHAP. certain or contingent. ante. CHAPTER VI. present or ^baiSmiptey. A. p. AND DIVIDENDS. Estimate of " An estimate shall be made by the trustee of the value of debts!'Sent aDy debt or liability. shall not be provable in bankruptcy. S." see ante. 3. 37. promise. 37. provable as aforesaid. which by reason of its being subject to any contingency or contingencies. B. shall be deemed to be debts provable in bankruptcy. p. the value of which cannot in the opinion of the Court be fairly estimated. 17. s. all debts and liabilities. 53) :— Debts and (1) Demands in the nature of unliquidated damages prorable8110* arising otherwise than by reason of a contract^ promise. sub-s. S.—" Demands in the nature of unliquidated damage arising otherwise than by reason of a contract. " A person having notice of any act of bankruptcy available against the debtor shall not prove under the order for any debt or liability contracted by the debtor subsequently to the date of his so having notice. to which the debtor is subject at the date of the receiving order. 2. —There are by s. VI. or to which he may become subject before his discharge by reason of any obligation incurred before the date of the receiving order. 37 three classes of debts or liabilities which are not provable in bankruptcy (or under a composition or scheme of arrange ment. or breach of trust : (2) Debts or liabilities contracted by the debtor with any person after that person has had notice of an avail able act of bankruptcy (a) : (3) Contingent debts and liabilities. Description of " Save as aforesaid. 1890. future.

where it was held thatproof" the assignee of a lease was released by an order of discharge from his liability under a covenant to indemnify the lessees for breach of their covenants to repair and yield up in repair the premises at the end of the term. and generally it shall include any express or implied engagement. agreement. or undertaking. to pay. Fothergill (b). Any chap. the Court may direct the value to be assessed before the Court itself without the intervention of a jury. as respects amount. AND DIVIDENDS. fixed or unliquidated . and thereupon the debt or liability shall. the Court may make an order to that effect. 351. as respects time. as to mode of valua tion capable of being ascertained by fixed rules. whether the payment is. the value of the debt or liability is capable of being fairly estimated. (i) 13 App. certain or dependent on any one contin gency or on two or more contingencies . person aggrieved by any estimate made by the trustee as aforesaid may appeal to the Court. or as matter of opinion. and the amount of the value when assessed shall be deemed to be a debt provable in bankruptcy. in the opinion of the Court. in the opinion of the Court. and may give all necessary directions for this purpose. The principles liabilities held governing the construction of that section (which are also tem^esti- applicable to the present one). or is or is not likely to occur or capable of occurring before the discharge of the debtor. present or future. contract. whether the breach does or does not occur. or undertaking. " 'Liability ' shall for the purposes of this Act include any compensation for work or labour done. excluding those specially excepted. agree ment. does not bear a certain value. The present section would seem to include all liabilities which can be fairly estimated." The Court in deciding what debts and liabilities are capable Instances of of being estimated for proof put a liberal construction on the debtTand' corresponding section (31) of the Act of 1869. DEBTS PEOVABLE. were laid down by the House mated for of Lords in Hardy v. " If. and excluding. 103 for any other reason. Cas. for the purposes of this Act. any obligation or possi bility of an obligation to pay money or money's worth on the breach of any express or implied covenant. or money's worth. be deemed to be a debt not provable in bankruptcy. . the value of the debt or liability is incapable of being fairly estimated. or capable of resulting in the payment of money. If. VI.

those arising on contracts which have a different object from the payment of money in any contingency. but it was to cease if the parties should resume cohabitation. (») Wolmenhamen v. 579. would pro bably be entitled to prove in respect of such liability (d ). (g) In re Newman. A successful defendant's costs are provable. during the joint lives of husband and wife. R. 1Z Ch. 419. 14 Ch. 6 Ch. D. 494. and there was a covenant to indemnify the husband against liability for the debts contracted by the wife : held. (/) Ex p. or if they should resume cohabitation. 670. Thus. though un ascertained at the time of his bankruptcy. Thus. and the liability of a co-surety to contribution. or if the marriage should be dissolved by any act done by either of them after the date of the deed. Neal. and those in which an injunction or specific performance would be the most proper remedy (c). D. but not judgment. 39 W. & In re Peorce. Cas. T. if a verdict has been obtained before the receiving order (/) . Thus. lc) 13 App. 752 : cf. but not judgment. without taking into account the possibility of a resumption of cohabitation. (d) In re Serepath. covenanted to pay an annuity to his wife during their joint lives. by a separation deed. 351. Gulliek. Peacock. determinable if she should not lead a chaste life. («) In re Blakemore. but where a plaintiff has obtained a verdict. and of the husband not being indemnified against the debts contracted by the wife. D. 262 . D. The value of an annuity payable to a person for life has been held capable of being estimated for proof (h). fi. by a separation deed an annuity was payable by a husband to a trustee for the wife. 57 L. 3 Ch. 514. Naden. So also the value of an annuity payable to a woman during her life. 372. 400. neither damages nor costs are prov able (g). that a valuation of the annuity for their joint lives. but defeasible in the event of her marrying again (i). though untaxed.104 THE PRINCIPLES OF BANKRUPTCY.perhaps. 682 . R. In making the estimate. T. was incorrect (I). L. a surety who has not paid the debt for which he is contingently liable. (1893) 2 Ch. 38 W. (k) Ex p. 9 Ch. In re Parrett. the value of the annuity was held capable of being fairly estimated for proof (k). where in an action of tort a plaintiff obtains a verdict. In re Much. chap. And where a husband. every contingency should be taken into account. his costs are not provable where his claim in the action would not be provable before judgment. (A) Ex p. 8 Ch. R. before the receiving order. seems also to be provable (e). L.

6. and then the wife died. (m) Linton v. Divorce Court to be paid by a husband to his wife. that even the instalments due at the date of the receiving order are not provable. have been held not capable of valuation. 7 Mor. it was held. VI. In) In re Hawkins. Wardley. A judgment is primd facie evidence of a debt. Revell. 6 Ch. that the amount of the proof must be reduced and limited to the sums due and unpaid at the annuitant's death (p). B. B. and a dividend paid thereon. 720 . that the trustees could not be called upon to refund the excess (o). AND DIVIDENDS. it was held. DEBTS PROVABLE. the proof must be for better or worse . and the annuity was valued. 239. 16 Q. D. and a husband. 39. 15 Q. But where proof was made for the value of an annuity pay able by the bankrupt during the life of the annuitant. 105 Future periodical payments of alimony ordered by the chap. 1 Man. 39 the right of proof by secured and other creditors. 315. the Court may require evidence of the consideration for the debt (q). 790. re mains liable for them (n). 25 Ch. instalments of alimony are not debts. (o) Ex p. . It) S. and a proof made. 13 Q. 914 : cf. In fact. too. (q) Exp. and certain other matters are regulated by the rules in Sch. even to the amount which has become ascertained at the time of proof (m). Mules as to Proof of Debts. Bates. and it was found that the dividend paid exceeded the amount of the payments which the husband would have had to make if he had remained solvent. and proof P^ol on a may be made in respect of it. (r) Ex p. {p) In re Dodds. When the value of the debt or liability has been ascer tained and proved for. 183) (s). E. Lennox. It would seem. 505. in competition with the joint creditors. where a debtor had covenanted to pay a life annuity to trustees for the benefit of his wife. the admis sion and rejection of proofs. —The mode of proving debts. 11 Ch. thus. D. Ex p. 1 of 29 & 30 Vict. D. 2 (post. but if there are circumstances casting suspicion on it or the debt. 32. c. A retired partner may prove against a bankrupt firm. S. Ex p. D. 199. p. B. under s. Linton. notwithstanding bankruptcy. when no debt has been proved for which he and the firm are jointly liable (?'). and before the trustee had admitted or rejected or otherwise dealt with the proof the annuitant died. D. Andrews. and so they are not provable under the hus band's bankruptcy (m). L.

propor tionate to the time of service up to the date of the (<) 51 & 52 Vict. 40. and having become due and pay able within twelve months next before that time. he shall have priority in respect of the whole of such sum. 62. or. the commencement of the winding-up. CHAP. property or income tax assessed on the bankrupt or the company up to the fifth day of April next before the date of the receiving order. . as the case may be. the commencement of the winding-up : pro vided that where any labourer in husbandry has entered into a contract for the payment of a portion of his wages in a lump sum at the end of the year of hiring. or a part thereof. as the Court may decide to be due under the contract. 1888 (t). and in the distribution of the assets of any company being wound up under the Companies Act. not exceeding . 1862. 1 and 2 of the B. the com mencement of the winding-up. or. 3—6 inclusive of that section. c. By the Act of 1888:— Preferential "1. as the case may be. or. and all assessed taxes. —The order in which debts are payable is now regulated by The Preferential Payments in Bank ruptcy Act. (which replaced s. as the case may be. and sub-ss.VI> Priority of Debts. land tax. sub-ss. there shall be paid in priority to all other debts— (a) All parochial ov other local rates due from the bank rupt or the company at the date of the receiving order. (6) All wages or salary of any clerk or servant in respect of services rendered to the bankrupt or the com pany during four months before the date of the receiving order. whether payable for time or for piece work. 1883). and (c) All wages of any labourer or workman not exceeding twenty-five pounds. as the case may be. or.£50 .106 THE PRINCIPLES OF BANKRUPTCY. in respect of services rendered to the bankrupt or the company during two months before the date of the receiving order. and not exceeding in the whole one year's assessment. and the Acts amending the same. A.—(1) In the distribution of the property of a bank- debts rupt. the com mencement of the winding-up.

. 40 (4). (6) This section shall apply." By s. " Subject to the provisions of this Act all debts proved in S. If there is a surplus of the separate estates it shall be dealt with as part of the joint estate. first instance in payment of his separate debts. 40 (3). or the assets of the company are. in which case they shall abate in equal propor tions between themselves. as the case may be. If there is a surplus of the joint estate it shall be dealt with as part of the respective separate estates in proportion to the right and interest of each partner in the joint estate (cf. 1883. 107 receiving order. v. 3—6 of the B. insufficient to meet them. Its. 293). or. the foregoing debts shall be discharged forthwith so far as the property of the debtor. and as if the date of his death were substituted for the date of the receiving order. that in respect of any money paid under any such charge the landlord or other person shall have the same rights of priority as the person to whom such payment is made. DEBTS l'KOVABLE. in the case of a deceased person who dies insolvent.rank equally selves and shall be paid in full. or the proceeds of the sale thereof. the debts to which priority is given by this section shall be a first charge on the goods or effects so distrained on. unless the property of the *" bankrupt is. 127. so far as it relates to the property of a bankrupt.chap. (2) The foregoing debts shall rank equally between them. as the case may be. sub-ss. A. the bankruptcy shall be paid pari passu. 1883 :— " In the case of partners the joint estate shall be applic. Provided. AND DIVIDENDS. (3) Subject to the retention of such sums as may be necessary for the costs of administration or otherwise. (5) This section. is or are sufficient to meet them. 128. 40. and debts*'6 the separate estate of each partner shall be applicable in the S. (4) In the event of a landlord or other person dist aining or having distrained on any goods or effects of a bankrupt or a company being wound up within three months next before the date of the receiving order or the winding-up order re spectively.Joint and able in the first instance in payment of their joint debts. mencement of the winding-up. as if he were a bankrupt. or the assets of the company. the com. shall have effect as part of section forty of the Bankruptcy Act.

2 and 3 of the first of these Acts is shortly this : that though the advance of money to a person engaged or about to engage in a trade or undertaking. will not of itself make the lender a partner. a right to receive such money or property in preference to other debts and claims against the estate. or dying insolvent. centum per annum on all debts proved in the bankruptcy. 1865. 3 of the former Act. c." By the Friendly Societies Act. who. The effect of ss. 1865). CHAP. c. the Friendly Societies Act.' or shall prejudice the provisions of Societies Act. has in his possession money or property of the society. —There are two classes of provable debts which we may call deferred . Partnership " Nothing in this section shall alter the effect of sec Act. and though the receipt by the vendor of a goodwill by way of annuity or otherwise of a portion of the profits will not of itself make such a vendor a partner. s. ' to Amend Friendly the Law of Partnership. 1875. 1890. in the pound. Deferred Debts. \x) This is not affected by the provisions of the 51 & 52 Vict. 327. chapter 86. such lender cannot recover any thing in respect of his loan. one by virtue of the provisions Partnership of the Partnership Act. until the claims of the other creditors of the borrower or buyer for valuable consideration have been satis- («) See In re Miller. and the vendor of the goodwill cannot recover anything in respect of the share of profits con tracted for. or entering into an arrangement to pay his creditors less than 20s. 1875. S. VI. (1893) 1 Q. 15. nor is the Stannaries Act. 43) : see ss. Partnership Act. Another preferential debt will be found in the section re lating to the administration of the property of a deceased debtor. trustees of a friendly society have on the bankruptcy or insolvency of an officer of the society. yet in the event of the trader being adjudged bankrupt.108 THE PRINCIPLES OF BANKRUPTCY. ante . It would seem then that in such a case the debt due to or property claimed by the society would have priority over all other debts or claims (u). 1875. on a contract in writing that the lender is to receive interest varying with the profits or a share of the profits. as such officer. 1890 (which takes the place of the Act. p. . 1887 (50 & 51 Vict. tion five of the Act 28 & 29 Victoria. 2. " If there is any surplus after payment of the foregoing Surplus after debts. 1882. s. post. and the other by the Married Women's Property Act. B. it shall be applied in payment of interest from the payment of date of the receiving order at the rate of four pounds per debts. 125 (7). 40 (5). 166 (x). 62.

s. 23 of the B. 1890. A. . be calculated at a rate not exceeding five per cent. provides. In re Grason.. and it does not prevent a secured creditor from allocating his security to the interest. . (1894) 1 Q. lent or entrusted 188a- to her husband for the purpose of any trade or business carried on by him or otherwise. —" Where at the time of the presentation of the bank. 438. [a) In re Tuff. (d) In re Herbert. Act. B. . and the creditor cannot receive any higher rate of interest until all the debts proved in the estate have been paid in full (c). 88. such interest or consideration will.• i ■ • . (e) B. But such a creditor cannot allocate his security to any interest accruing after the date of the receiving order (/). s. and not as to proof (d). D. 253. c. 366. S. Deferred Interest. per annum. (/) In re Bonaeino. Tidswell. i claim in case ruptcy petition any person is apprenticed or is an articled 0f apprentice (y) Exp. 1890. And where she has lent money to her husband for private purposes. of which her husband is a member. 152 enacts that s. 3. or any mterest- pecuniary consideration in lieu of interest. 59. the onus will be on her to show that she did not advance the money for the purpose of any trade or business of her husband: In re Genese. [z) 45 & 46 Vict. s. W. p. B. 1882. 41. B. D. 16 Q.. AND DIVIDENDS. 75. 700. Taylor. that a wife's money or other estate. for the purposes of dividend. nothing in the Bankruptcy Act is to affect the provisions of the Married Women's Property Act. she is entitled on the bankruptcy of the partnership to prove against the joint estate on the same footing as the other creditors (a). 3 of which m. 23. (}) Exp. vi. 669. B. (e) In re Fox and Jacobs. 1 Man. 35 W. Preferential . 152. but the wife has a right to claim a dividend when the claims of all the other creditors for valuable consideration have been satisfied (s). she may prove in his bank ruptcy with the other creditors (6) . 12 Ch. 9 Mor. This section only affects the creditor's rights as to dividend. If the wife seeks to prove. s. DEBTS PROVABLE. It appears that such lender or such vendor cannot chap. and then proving for the principal (e). D. Preferential Claim of Apprentice or Articled Clerk. come in even to prove until the claims of all the other credi tors for valuable consideration in money or money's worth have been satisfied (y). But where she lends money to a partnership. 109 fied. where Deferred a debt which has been proved includes interest. —By s. As to the other class of deferred debts. will be treated as assets of his estate in case of his bankruptcy . 19 Q. A.

28. aud to the time during which he served with the bankrupt under the indenture or articles before the commencement of the bankruptcy. 1890. 165. and to the other circum stances of the case. or of some person on his behalf. be a com plete discharge of the indenture of apprenticeship or articles of agreement. with this limitation.110 THE PRINCIPLES OF BANKRUPTCY. which as amended by B. to or for the use of the apprentice or clerk. distrain upon the goods or effects of the bankrupt for the rent due to him from the bankrupt. but the landlord or other person to whom the rent may be due from the bankrupt may prove under the bankruptcy for the surplus due for which the distress may not have been available : cf. subject to an appeal to the Court. on the application of any apprentice or articled clerk to the bankrupt. transfer the indenture of apprenticeship or articles of agreement to some other person" (s.clerk to the bankrupt. thinks reasonable. pott. pp. that if such distress for rent be levied after the commencement of the bankruptcy it is to be available only for six months' rent accrued due prior to the date of the order of adjudication. in landlord to certain cases. and if any money has been paid by or on behalf of the apprentice or clerk to the bankrupt as a fee. regard being had to the amount paid by him or on his behalf. A. either before or after the commencement of the bankruptcy. chap. instead of acting under the preceding provisions of this section. out of the bankrupt's property. or any person acting on behalf of such apprentice or articled clerk. 41). 42. 42. distrain for rent. See ss. provides that the landlord or other person to whom any rent is due from the bankrupt may at any time. notice in writing to the trustee to that effect. For the purposes of this provision the term "order of adjudication " includes an order for the administration of the estate of a debtor whose debts do not exceed fifty pounds. . Power of Landlord's Power of Distress. s. 107. pay such sum as the trustee. S. a preferential light in his power of distress. ante. or of a deceased person who dies insolvent (g). p. " Where it appears expedient to a trustee. This is regulated by s. and B. 122 and 125. 28. It has been (y) S. s. 161. the trustee may on the application of the apprentice or clerk.—A landlord also has. if either the bankrupt or apprentice or clerk gives clerk. he may. 1 890. A. the adjudication of bankruptcy or articled shall. VI. 42.

(A) Sch. and be applicable where a debt is immediately due from one party and only due at a future day from the other (I). and the sum due from the one party shall be set off against any sum due from the other party. DEBTS PROVABLE. 1 Ch. but a person shall not be entitled under this section to claim the benefit of any set-off against the property of the debtor in any case where he had at the time of giving credit to the debtor notice of an act of bank ruptcy committed by the debtor and available against him. \l) Exp. or other mutual dealings between a debtor against whom a receiving order shall be made under this Act.—If a creditor who seeks to prove is him self indebted to the bankrupt. the person entitled to the rent or payment may prove for a pro portionate part thereof up to the date of the order as if the rent or payment grew due from day to day (k). the landlord may distrain for all rent accruing due since the adjudication (i). and any other person proving or claiming to prove a debt under such receiving order. 1 Atk. Ill held that these restrictions on a landlord's right of distress chap. Prescol. 229. but B. is owed a debt by B. shall be claimed or paid on either side respectively . mutual S. Periodical Payments. Mutual dealings would meet a case where A. Mutual credits would go further. debts. mutual debts. has a claim for unliquidated damages for breach (h) Fryman v. . it would be unfair to make him pay his debt in full and allow him to receive only a dividend on the amount due to him. D." The words mutual credits. and the balance of the account. 38 enacts. Fryman. D. Mutual Debts. and the receiving order is made at any time other than one of those periods. 38 Ch. that " Where there have been mutual credits. —When any rent or other pay ment falls due at stated periods. 38. 285. Accordingly s. an account shall be taken of what is due from the one party to the other in respect of such mutual dealings. (») Ex p. so that if the trustee does not disclaim. VI. 2 (19). are not applicable in administrations in chancery (A). Hale. and remains in possession. and no more. The phrase mutual debts applies to the simple case where two persons owe each other debts presently payable. and mutual dealings are all of importance.. The above provision does not apply to rent accrued due after the order of adjudication . AND DIVIDENDS. 468.

& W. D. to be drawn at the commencement of the bankruptcy. B. Grissell's Case. B. that the liability to pay calls is a " statutory he becomes obligation. 3 M. A. 492. R. R. the distinction appa but aliter. and if the other becomes . 63. (m) Ex p. 7 App. Jones. D. Feat v. but it may be drawn at a later period. Gurney % Co. B. and was not compelled to pay down £88 before his goods were delivered up (n). debt . Thus.-p. and the law on this point is not affected by no right of set-off : s. L. No right of set-off. for the owner of the goods is entitled to their return in specie (o). Barnet. 9 Q.—A person who puts his name on a bill or note for the accommodation of another stands in the position of a surety (u) . and so a debt cannot be set off against a claim for goods wrongfully detained. . 95. 963. Where com Where a limited company is being wound up under the pany is being Companies Acts. if rently being. (o) Eberle's Hotel v. L. R. that B. Hutchinson. The line of set-off is. (1893) 3 Ch. (t) In re Universal Banking Corporation. and to prove for the balance. 18 Q. In re Gillespie. 1 Ch. but if the contributory is bankrupt. however. (1893) 1 Q. 755. lp) In re Pollitt. and B. \u) Haigh v. Co. The operation of this section is not affected by the fact that one party holds a security for his debt. for a specific purpose. B.. 39 . was entitled to have the sum of £88 set off against his claim. (g) Elliott v. 175. solvent con calls made by the liquidator on him money due to him from tributory has the company (r) . 293. 9 Ch. 30 . the bankruptcy rule prevails. L. and the bankrupt had a lien for that amount on some goods of B. 14 Q. B. (m). where a debtor deposited money with A. could not set otf against the claim of the trustee to such money a debt due by the debtor to A.010. Again. 15 Eq. it was held. 12 Ch. which failed by reason of the debtor's bankruptcy. where a bankrupt owed B. 112 THE PRINCIPLES OF BANKRUPTCY. Is) Gill's Case. 598. (r) In re Overend. and his trustee may set off against the calls any debt due from the winding-up company to the contributory (t). VI. under the corresponding section of the Act of 1869. (m) Booth v. CHAP. 147 . Kipping. 8 Q. as a rule. a solvent contributory cannot set off against wound up. 455. Jonas. 10 of the Judicature Act. 1875 (s) . R. Jackson. so as to free the goods from the lien. of contract against A. Jack v. D. $c.. D. Accommodation Bills. arises unless the claims on each side are such as result iu pecuniary liabilities. D. 5 Ch. Cas. Tarquand. owed the bankrupt £88. 528. L. ante. . 113. if the party who has dealt with the bankrupt had no notice of an available act of bankruptcy (q). (p). 459. In re Washington. £3." and stands on a different footing from a mere bankrupt.

& J. may prove chap. 224. or that the sole contractor is also one of the joint contractors. after the holders of the paper have been satisfied. Read. (z) Ex p. 1 Gl.B. Laforest. 2 D. 2 (18). DEBTS PEOVABLE. Distinct Contracts. Where two parties have put their names on such paper for the accommodation of each other. the other may prove against the estate when he has taken up his own paper. what either bankrupt has actually paid on the bills or notes—can alone be proved (z) . VI. Walker. 113 bankrupt. the circum stance that the firms are in whole or in part composed of the same individuals. there should be a surplus of the estate ultimately indebted. to allow one estate proof against the other would be to allow it to enter into competition with its own creditors and lessen the fund out of which they might be paid (a). the surety. and the firm became bankrupt. indeed. and so exonerated the estate in respect of it (x). Cooke Bankruptcy Law. Sourness. if he pays the amount. 199. R. To allow the solvent party and the holder of the bills or notes both to prove against the estate would be to permit double proof in respect of the same debt. it was decided that the holder of the note might prove against both the joint estate of the firm and the separate estate of the two partners who had signed the (x) Ex p. where a joint and several promissory note was signed by two members of a firm. Where both the parties to such an exchange of accommo dation paper become bankrupt. \y) Ex p. it has long been the rule that there can be no proof by either estate against the other for the amount of the outstanding bills or notes : the cash balance—that is. in which case proof might be made (a). and also as a member of a firm. will not prevent proof in respect of the contracts against the properties respectively liable on the contracts (6). or as a sole contractor. against the estate. & Ch. 373. unless. and one of them becomes bankrupt. (S) Sch. by the firm. AND DIVIDENDS. 1 . 183. which is contrary to bankruptcy law (y). The reason why neither estate is allowed to prove seems to be this : that as the bills or notes can be proved by the holders against both estates. (a) Ex p. 4 Ves. —If a debtor was at the date of the receiving order liable in respect of distinct contracts as a member of two or more distinct firms. and by several other persons. Thus.

Waddell. 178.114 THE PRINCIPLES OF BANKRUPTCY. see s. became liqui dating debtors here. chap. 2 (20) . Cas. Debts Payable at a Future Time. 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. Interest. and which is overdue at the date of the receiving order and provable. Where a debt is by contract payable at a future time. p. then from the time when a demand in wiiting has been made giving the debtor notice that interest will be claimed from the date of the demand until the time of payment (e). was not allowed to prove against the estate here. ante.creditors. ante. where there is a surplus. trading in London as Hooper & Sons. with interest in the meantime. payable at a certain time or otherwise. and were declared insolvent under Portuguese law in Portugal. 109. See further as to rate of interest to be calculated for dividend. Honey. and ~ ~ therefore. 161. As to interest from the date of the receiving order. the Banco de Portugal. R. 5 App. whereon interest is not reserved or agreed for. L. had received a dividend under the Portuguese insolvency proceedings. p. and if payable otherwise. if the debt or sum is payable by virtue of a written instrument at a certain time. then he values and proves for the liability to pay (c) Ex p. vi. deducting only thereout a rebate of interest at the rate of five pounds per centum per annum computed from the declaration of a dividend to the time when the debt would have become payable. and the debtor becomes bankrupt before the time for payment. except on the terms of bringing the dividend so received into the common fund (d). (d) Banco de Portugal v. note (c). 40. In such a case the creditor proves the principal sum as a present debt. (e) Sch. —A creditor may prove for a debt not payable when the debtor committed an act of bankruptcy as if it were payable presently. but the rebate just mentioned is to be deducted from the divi dend. where two persons. as holder of bills drawn by the Portuguese house upon and accepted by the London house. and in Oporto as Hooper Brothers. according to the terms on which it was contracted (/ ). (f) Sch. which. 2 (21). 7 Ch. 108. . —On any debt or sum certain. the creditor may prove for interest accruing after the receiving order. But there must be two distinct estates. in bankruptcy. and may receive dividends equally with the other .

in which case he will be entitled to receive a dividend only in respect of the balance due to him after deducting such assessed value (Sch. Secured Creditors. and allow a secured creditor under certain conditions to amend his valuation and proof if made on a mistaken estimate. to declare and dividends. unless the trustee satisfies the committee that there is sufficient reason for postponing the declaration to a later date. AND DIVIDENDS.a. as non-compliance therewith will exclude them from all share in any dividend <Sch. Other rules in Sch. It is important that secured creditors should comply with these rules. 674. and a statement in the ($r) In re Browne and Wingrove. the dividend on which is not liable to rebate as the chap. to be declared and distributed at intervals of not more than six months. Rs. as a security for a debt due to him from the debtor. 151 interest. 9—17). or lien on the property of the •debtor. is to be declared and First dividend. distributed within four months after the conclusion of tho first meeting of creditors. vi. able notice thereof to each creditor mentioned in the bank rupt's statement who has not proved his debt. with all convenient speed.dividends.dmdends- trary. The first dividend. 2 enable a trustee within a certain time to redeem or require to be sold a security which has been so valued. Before declaring a dividend the trustee must cause notice Notice of of his intention to do so to be gazetted. 2 (9—12) ). —Subject to the retention of such sums as Declaration may be necessary for the costs of administration. or other. In a small bankruptcy this period is extended to six months (R 273 (12)). the date when it was given. and when and how it is payable.nd distnbu- . Subsequent Subsequent dividends are. that is. DEBTS PROVABLE. may adopt one of three courses : he may either (1) realize his security and prove for the balance then due to him. above rule only applies to debts (g). and also send reason. Dividends. in the absence of sufficient reason to the con. or any part thereof. . charge.—A secured creditor. the trustee is. and the value at which he assesses it. distribute dividends amongst the creditors who have proved their debts. When the trustee has declared a dividend he must send to each creditor who has proved a notice showing the amount of the dividend. or (3) he may state in his proof the parti culars of his security. or (2) surrender his security and prove for his whole debt. if any. I 2 . 2. (1891) 2 Q. B. • • i ii • iii tl0n °* wise. a person holding a mortgage.

and also for provable debts. from the bankrupt's statements. Where joint and separate properties are being adminis tered. cannot receive- any dividend out of the separate property of the bankrupt until all the separate creditors have received the full amount of their respective debts. Eight of Any creditor who has not proved his debt before the creditor who declaration of any dividend or dividends.116 THE PBINCIPLES OF BANKRUPTCY. CHAP. 128. to be due to persons resident in places so distant from the place where the trustee is acting that in the ordinary course of communi cation they have not had sufficient time to tender their proofs. creditor to whom the bankrupt is indebted jointly with the other partners of the firm. He must also make provision for any disputed proofs or claims. receive before that money is applied to the payment of any future dividend or dividends. the subject of claims not yet determined. he is to distribute as dividend all money in hand (s. will be entitled to has not proved debt before be paid out of any money for the time being in the hands of declaration of the trustee any dividend or dividends he may have failed to a dividend. dividends of these properties are. and for the expenses necessary for the administration of the estate or otherwise. 232—234). or otherwise. and the expenses of and incident to such dividends are to be fairly apportioned by the trustee between the joint and separate properties. but before so doing he must give notice in manner prescribed . in the joint opinion of himself and of the committee. to be declared together . be realized without needlessly protracting the trusteeship. When the trustee has realized all the property of the bankrupt. 293). Provision for In the calculation and distribution of a dividend the creditors residing at a trustee must make provision for provable debts appearing distance. VI. regard being had to the work done for and the benefit received by each property (s. 58 : Joint and see Rs. and. but he cannot disturb the distribution of any dividend declared before his debt was proved by reason that he has not participated therein (s. prescribed form as to the particulars of the estate (s. 60). he is to declare a final dividend. 61). separate Where one partner of a firm is adjudged bankrupt. or so much thereof as can. a dividends. or to establish them if disputed. subject to any order to the contrary that may be made by the Court. 127. 59 : see Rs. &c. subject to the foregoing pro visions. or any of them. Pinal dividend.

and also to pay out of his own money interest thereon for the time that it is withheld. 65) (i). if dividend- it thinks fit. or distribute funds or dividends under the Private Arrangement Act of 1844. not being a debt due from the official receiver or trustee to the creditor to whom it is payable. and the costs of the application (s. the property of the bankrupt is to be divided ■among the creditors who have proved their debts. under this Act is to pay into the Bankruptcy Estates Account at the Bank of England. and of the costs. on this subject. 162. 281. B. without regard to the claims of any other persons (s. The bankrupt will be entitled to any surplus remaining Right of after payment in full of his creditors. re ceive. or scheme s. the Bankruptcy Acts. may be summarised shortly thus :— (A) A trustee in a bankruptcy. and expenses of the proceedings under the bankruptcy petition (s. 232—234. Rs. . without regard to their claims. 117 to the persons whose claims to be creditors have been notified chap. 162. Gregory. 1861 and 1869. or of any further time allowed by the Court. but not established to his satisfaction. 63 : see also R 211 as to ■compositions or schemes). order him to pay it. the Bankrupt Law Consolidation Act. (1) Dividends under his control which have remained unclaimed for more than six months : (2) Unclaimed or undistributed moneys arising from the property of the debtor under his control after a final divi dend. S. but No action for if the trustee refuses to pay any dividend the Court may. A dividend distributable in a bankruptcy. —A striking feature of the Act is the control exercised by the Board of Trade over trustees and other persons who for longer than a certain time have unclaimed or undistributed funds or dividends in their hands. cannot be attached by garnishee proceed ings to answer a judgment obtained against the creditor (A). 62). (B) A trustee or other person empowered to collect. 24 Q. 1849. D. that if the)' do not establish their claims to the satisfaction of the Court within a time limited by the notice. No action for a dividend will lie against the trustee. charges. After the ■expiration of that time. or any h) Prout v. AND DIVIDENDS. VX to him. composition. Unclaimed Funds or Dividends. with interest. i) See further as to dividends. he will proceed to make •a final dividend. as by gU^J]^pt *° the Act provided. DEBTS PROVABLE.

the Board. order payment to him. vi. Such person. 345. deed. chap. 300. 316a. he may have against such trustee or other person. is to pay the same to the Bankruptcy Estates Account at the Bank of England. (A-) See also Rs. the powers in the Act as to the discovery and realization of a debtor's property. In each of these cases the Board will give the person paying the money a receipt. if dissatisfied with th& decision of the Board. or other proceeding under or in pursuance of any of them. and may direct an audit thereof. . who has under his control. (E) Except so far as is expressly declared. and for this purpose the Court may exercise. who may. (C) The Board may order such trustee or other person to- submit an account verified by affidavit of moneys received or paid by him under such petition. if satisfied that his claim is good. petition. which will discharge him. (D) The Board may appoint a person to collect and get in unclaimed or undistributed funds or dividends. 316. &c. or in any other case for two years after the receipt thereof by such trustee or other person.118 THE PRINCIPLES OF BANKRUPTCY. resolution. any funds or dividends which liave been unclaimed or undistributed for six months after the same became claimable or distributable. with necessary modifi cations. may appeal to the High Court (k). these provisions do not deprive a person of any other right or remedy which. (F) A person entitled to moneys paid into the Bank ruptcy Estates Account under these provisions may apply to. after the passing of the Act of 1883.

as may be reason ably required by the official receiver. on the debtor. CHAPTER VII. trustee. or trustee. We have seen before (ante. p. con veyances. submit to such examination in respect of his property or his creditors. or any creditor or person interested : (4) If adjudged bankrupt. Block. 24. and generally do all such acts and things in relation to his property and the distribu tion of the proceeds amongst his creditors. or may be prescribed by general rules. attend the first meeting. when a receiving order has been made :— He must (1) submit to the official receiver a statement of S. his affairs (s. 13 App. 16 ante. . Gas. Vil. that failure without reasonable excuse to submit the statement of affairs within (a) He need not submit to |a medical examination for the purpose of enabling the trustee to insure his life : Board of Trade T. and of the debts due to and from them respectively. Duties of the Debtor. 47) : (2) Unless prevented by sickness or other sufficient cause. wait at such times on the official receiver. to the utmost of his power. 47). aid. CONDUCT OF THE DEBTOR. or made on the occasion of any special application by the official receiver. or trustee. and submit to such examination (a) and give such information as the meeting may require : (3) Give such inventory^ of his property. and instruments. 24). execute such powers of attorney. special manager. in the realization of his property and the distribution of the proceeds among his creditors (s.—The following duties are imposed CHAP. deeds. special manager. such list of his creditors and debtors. attend such other meetings of his creditors. or be directed by the Court by any special order or orders made in reference to any particular case. p. 570. AND CONTROL EXERCISED OVER HIM. special manager.

The bankrupt has a right of appeal from an order committing him for contempt under this section (c). the Court. or of (*) See R. s. he will. 25. and him and them to be safely kept as prescribed until such time as the Court may order under the following circum stances : (a) " If. shall be re-directed.—By s. not exceeding three months. 25 Q. or to any person authorised by the Court to take possession of it. " The Court may. A. stances. which is divisible amongst his creditors under the Act. or after presentation of a bankruptcy petition by or against him. or to deliver up posses sion of any part of his property. in addition to any other punishment to which he may be subject. (e) In re Ashwin. . or otherwise as the Court directs.the required time renders the debtor liable to be adjudged bankrupt (6) : as to the other duties above mentioned. or delivered by the Postmaster-General. papers. if a debtor wilfully fails to perform them. or the officers acting under him. or places mentioned in the order for re-direction. chap. sent. to the official receiver. may from time to time order that for such time. after a bankruptcy notice has been issued under this Act. and may be punished accordingly (s. or of avoiding appearance to any such petition.120 THE PRINCIPLES OF BANKRUPTCY. or of avoiding examination in respect of his affairs. 324.*ne Court. and which is for the time being in his possession or under his control. VAi. S. and any books. post letters addressed to the debtor at any place. money. and the same shall be done accordingly (s. 25. as the Court thinks fit. —Where a receiving order is made against a debtor. Arrest of the Debtor. by Arrest of warrant addressed to any constable or prescribed officer of certain crxcum. or of avoiding service of a bankruptcy petition. 24). 1890. it appears to the Court that there is a probable reason for believing that he lias absconded. cause a debtor to be arrested. or (d) is about to abscond with a view of avoiding payment of the debt in respect of which the bankruptcy notice was issued. id) These words are new : see B. S. 7. 271. B. on the application of the official receiver or trustee. or the trustee. D. 26. be guilty of a con tempt of Court. 26). He-direction of Debtor's Letters. to the official receiver or to the trustee. aud goods in his possession to be seized.

51 of the former Act. or that there is probable ground for believing that he has concealed or is about to conceal or destroy any of his goods. Bankrupt Trustee. after presentation of a bankruptcy petition by or against him. 1883. documents. vii. (6) " If.chap. delaying. without the leave of the official receiver or trustee. 147 ^s^of a of the B. after service of a bankruptcy petition on him. " Provided that no arrest upon a bankruptcy notice shall be valid and protected unless the debtor before or at the time of his arrest shall be served with such bankruptcy notice (e). he removes any goods in his possession above the value of five pounds. ceedings in bankruptcy against him. where any person who is a trustee is bankrupt a new 1893. or writings. (d) " If. . (c) " If. 121 — otherwise avoiding. (e) See R. to bank- trustee may be appointed in his stead. Application of 1893. (/) Ante. 79. 25 (1) of the Trustee Act. or any books. he fails to attend any examination ordered by the Court. which might be of use to his creditors in the course of his bankruptcy. or after a receiving order is made against him. or embarrassing pro. CONDUCT OF THE DEBTOR. —By s. p. A. without good cause shown. 84. which is repealed by s. it appears to the Court that there is probable cause for believing that he is about to remove his goods with a view of preventing or delaying possession being taken of them by the official receiver or trustee. "No payment or composition made or security given after arrest made under this section shall be exempt from the provisions of this Act relating to fraudulent prefer ences" (/). This re-enacts s.

and trustee by ereditors. he or they may appeal against it to the High Court (s. and duties. The creditors may. but all such persons are in this Act included under the term " trustee. 86) (a). or fails to perform his duties under this Act. 86. pp. 84). appoint more persons than one to the office of appoint joint or successive trustee. and when more persons than one are appointed they trustees. powers. tee vacated by insolvency. specially called for that purpose. for the sake of convenience. 292. and what is the evidence of his appointment (ante. 311. pointed by the creditors is guilty of misconduct. if they Power to think fit. —The creditors may. by Board of If the Board of Trade are of opinion that a trustee ap Trade. Appointment and Removal. CHAP. 85). remove a trustee appointed by them. by ordinary resolu tion.VIII. . 319. the Board may remove him from his office. 11. other provisions as to his position. or not being approved of by the Board of Trade (s. The creditors may also appoint persons to act as trustees in succession in the event of one or more of the persons first named declining to accept the office of trustee. 301—303. of which seven days' notice Removal of has been given. S. (a) See Rs. 84. We have seen how the trustee may be appointed. shall declare whether any act required or authorised to be done by the trustee is to be done by all or any one or more of such persons. may at the same or any subsequent meeting appoint another person to fill the vacancy as hereinafter provided in case of a vacancy in the office of trustee. S. We propose now to bring together. If a receiving order is made against a trustee he shall Office of trus thereby vacate his office of trustee (s. 85. at a meeting 8. CHAPTER VIII. THE TRUSTEE. disapprove of his removal. or failing to give security. but if the creditors." and shall be joint-tenants of the property of the bankrupt. 56). by ordinary resolution.

has power to sell the property of the bankrupt. If the creditors do not within three weeks after the occur rence of a vacancy appoint a person to fill the vacancy. 286. by reason of lunacy. The property of the bankrupt passes from trustee to trustee. property. appointed the official receiver will be the trustee for the pur poses of the Act. without any con veyance. but in such case the creditors or committee of inspection will have the same power of appointing a trustee as in the case of a first appointment. 19 : cf. (d) See B. and immediately on a debtor being adjudged bankrupt. p. incapable of performing his duties. or that his connexion with or relation to the bankrupt. If a vacancy occurs in the office of a trustee the creditors S. ^°te°f on the requisition of any creditor. s. now extends " to any case in which the Board are of opinion Bankruptcy that the trustee is. or any particular creditor.vm. even such as is not of a perish able nature (c). might make it difficult for him to act with impartiality in the interest of the creditors generally. A. The official receiver must. the official receiver is to report the matter to the Board of Trade. including under that term the official receiver when he fills the office of trustee. 87 : see R. On the appointment of a trustee the property forthwith passes to and vests in the trustee appointed (d ). The certificate of appointment of a trustee will. ?r°^g^{S& and thereupon the same proceedings are to be taken as in vacancy in the case of a first appointment. or where in any other matter he has been removed from office on the ground of misconduct " (b). 123 The power of the Board to remove a trustee under s. The official receiver. 1890. and vests in the trustee for the time being during his continuance in office. Board of Trade. 54. ante. 11 App. During any vacancy in the office of trustee the official receiver is to act as trustee (s. whilst he is so trustee. Cas. the property of the bankrupt vests in the trustee. . for all Certificate of purposes of any law in force in any part of the British Tcon- veyance of (J) B. —Until a trustee is S. or continued sickness. Ac*^ 1890' or absence. in general meeting may appoint a person to fill the vacancy. 87. and the Board may appoint a trustee . assignment. or transfer whatever. 307). 56. summon a meeting for the purpose of filling any such vacancy. 318. or his estate. (c) Turquand v. THE TRUSTEE. Vesting and Transfer of Property. 86 OKAP.

or agent. CHAP. the trustee may exercise the right to transfer the property to the same extent as the bankrupt might have exercised it if he had not become bankrupt. or is any like property passing by surrender and admittance or in any similar manner. —The trustee shall. and the Court may. and all other parts of his property capable of manual delivery. in relation to and for the purpose of have powers of receiver. Where any part of the property of the bankrupt is of copyhold or customary tenure. and recorded accordingly (s. 54). and any appointee of the trustee shall be admitted to or otherwise invested with the property accordingly. 50). enforce such acquisition or retention accordingly. and choses in Where any part of the property of the bankrupt consists action. shall pay and deliver to the trustee all moneys to money and securities in his possession or power. which he is not by law entitled to retain as against the bankrupt or the trustee. the trustee shall not be compellable to be admitted to the pro perty. shares in ships. the bankrupt has sold his book-debts. Realization of Property. 349. or bankrupt and •others to pay agent of a bankrupt. attorney. dominions requiring registration. shares. Trustee to The trustee shall. copyholds. and may be registered. be deemed to be a conveyance or assignment of property. such things shall be deemed to have been duly assigned to the trustee. banker. enrolled. enrolment. and may be punished accordingly on the application of the trustee (s. If he does not he shall be guilty of a contempt of Court. 50. of the bankrupt. on his application. office. and documents property by trustee. or any other property trans stock. however. If. VIII. attorney. snares. ferable in the books of any company. of things in action. Agents of Any treasurer or other officer. but may deal with it in the same manner as if it had been capable of being and had been duly surrendered or otherwise conveyed to such uses as the trustee may appoint . . R. 1 Mor. as soon as Possession of may be. Trustee's Where any part of the property of the bankrupt consists powers as to of stock. acquiring or retaining possession of the property of the bankrupt. or recording of conveyances or assignments of property. («) In re White. the trustee cannot claim the books (e). books. officer. be in the same position as if he were a receiver of the property appointed by the High Court. as such trustee. or any banker.124 THE PRINCIPLES OF BANKRUPTCY. S. 77 : cf. take possession of the deeds. or person.

incurred by him in or about the proceedings of the bank ruptcy as the creditors may.Remuneration tion (if any). The resolution shall express what expenses the remunera. and the other part on the amount distributed in dividend (/). —Where the creditors appoint S. s. if the creditors so resolve. Where a trustee acts without remuneration. the Board of Trade shall fix the amount of the remuneration. («) B. of which one part shall be payable on the amount realized. A. approve (i). in respect of any expenses which the remuneration is expressed to cover (s. (20). —The trustee may sue and be sued by the ohap. Where the resolution has been passed and work done under it. 1890. Trade that the remuneration is unnecessarily large. or to the creditors. official name of " the trustee of the property of S 83- a bankrupt. A trustee shall not. and no liability shall attach to the bankrupt's estate. That part of the remuneration payable on the amount realized is payable only on the amount realized by the trustee (g). the creditors or committee cannot reduce the remunera tion simply by another resolution (h). sue and be sued. enter into any engagements binding on himself and his successors in office. any person to be trustee of a debtor's estate. under any circumstances whatever. 1890. THE TRUSTEE. or.what exPenses to cover ° tion is to cover. after deducting any sums paid to secured creditors out of the proceeds of their securities. or the bankrupt satisfies the Board of Trade. and do all other acts necessary or expedient to be done in the execution of his office (s. with the sanction of the Board of Trade. s. 83). by the Committee of Inspection. 15 (2). I. Remuneration of Trustee. (h) In re Marsden. Official name and by that name may in any part of the British dominions of trustee- or elsewhere hold property of every description. i . See also R.viii. his remunera. make con tracts. 72). and shall be in the nature of a commission or percentage. 70." inserting the name of the bankrupt. 305 : Sch. 16 (1). he shall be where trustee allowed out of the bankrupt's estate such proper expenses remuneration. If one-fourth in number or value of the creditors dissent when fixed by . Ill ■ . A.> i r Board 01 from the resolution. 9 Mor. 72. 125 Official Name. Q) B. 270. "What arrange- (/) See R. shall be fixed by an ordinary resolution of the ' creditors.

see Rs. or any solicitor or other person that may be employed about a bankruptcy (s. shall be taxed by the prescribed officer. 73. 73 . may grant. either as receiver. brokers. auctioneer. no payment shall be allowed in taxation of costs. or remuneration are forbidden. Costs. or give up. CHAP. auctioneers. or such further time as the Court. D. and no payments in respect thereof shall be allowed in the trustee's accounts without proof of such taxation having been made. 72). 72. or any other person that may be specting his employed about a bankruptcy. Bills to be All bills and charges of solicitors. has been duly sanctioned. any part of his remuneration. but even in such a case the re muneration must be in the nature of a commission or per centage as prescribed by s. and if he fails to do so within seven days after receipt of the request. (I) S. manager. managers. VIII make any arrangement for or accept from the bankrupt. remuneration. Within what Every such person shall. Where the trustee is a solicitor he may contract that the remuneration for his services as trustee shall include all professional services (j) . to the bankrupt. or merits re any solicitor. The taxing-master shall satisfy himself before passing such bills and charges that the employment of such solicitors and other persons. on application. in respect of the particular matters out of which such charges arise. or trustee. S. . and thereupon any such claim shall be for feited as well against the trustee personally as against the estate (I). 73. B. nor shall he make any arrangement for giving up. 24 Q. supra (k). 104—128.126 THE PRINCIPLES OF BANKRUPTCY. {k) In re dayman. and other persons. on request by the trustee (which time to be sent for request the trustee shall make a sufficient time before declar taxation. taxed. the trustee shall declare and distribute the dividend without regard to any claim by him. pecuniary or other consideration or benefit whatever beyond the remuneration fixed by the creditors and payable out of the estate. any gift. his accounts in respect of the performance by any other person of the ordinary duties which are required by statute or rules to be performed by himself. The sanction above required for the employment U) S. ing a dividend). deliver his bill of costs or charges to the proper officer for taxation. —Where a trustee or manager receives remunera Allowance and tion for his services as such. 68. accountants. not being trustees.

or solicitor's clerk. or to the pay ment of any sum of money. of unprofitable con. at any time within twelve (o) within what months after the first appointment of a trustee. (o) This period. R. B. 127 of solicitors and other persons must be a sanction obtained ohap. 13. 88. 1890. by reason of its binding the possessor thereof to the performance of any onerous act. D. or not readily saleable. 15 (3). —This important sub ject is dealt with by s. 485. or S. (20. 55. s. as from Effect of dis- the date of disclaimer. but subject to the provisions of this section. THE TRUSTEE. \p) But the disclaimer will not release the trustee from the consequences of his wrongful acts in dealing with the property : Schojield v. of shares or stock in companies. and in such cases it must be shown that no undue delay took place in obtaining the sanction (m). —The vote of the trustee. see Sch. or exercised any act of ownership in relation thereto. and liabilities of claimer- the bankrupt. may be extended by the Court. 88. (m) B. (2) " The disclaimer shall operate to determine.Disclaimer of nants. A. A. Voting Potvers of Trustee.pertyT Pr° tracts. and his property in or in respect of the pro perty disclaimed. may. post. except in cases of urgency. 37 W. In re Finley. Hincks. . .viii. solicitor. 1890. of his partner. I. disclaim the tlme* property : Provided that where any such property shall not have come to the knowledge of the trustee within one month after such appointment. and shall also discharge the trustee from all personal liability in respect of the property disclaimed as from the date when the property vested in him (p). See s. 157 : but cf. 57. before the employment. except so far as is necessary for the' purpose of releasing the bankrupt and his property and the trustee from liability. or of any other property that is unsaleable. but shall not. 26). Disclaimer of Onerous Property. affect the rights or liabilities of any other person. as follows :— (1) " Where any part of the property of the bankrupt S. p. either as Limitation creditor or as proxy for a creditor. the trustee. notwithstanding that he has endeavoured to sell or has taken possession of the property. s. by writing signed by him. the remuneration or conduct of the trustee (ri). 55. consists of land of any tenure burdened with onerous cove. 138. (») S. he may disclaim such property at any time within twelve (o) months after he first became aware thereof. clerk. shall not be reckoned in powsTof the majority required for passing any resolution affecting trustee. interests. fixed by the B. the rights. 21 Q.

or otherwise. make an order for the vesting of the property in or delivery thereof to any person entitled thereto. Vesting order (6) "The Court may.VIII (3) "A trustee shall not be entitled to disclaim a lease Disclaimer of without the leave of the Court. and the Court may. When right (4) "The trustee shall not be entitled to disclaim any of disclaimer property in pursuance of this section in any case where an lost. and make such orders with respect to fixtures. may be prescribed by general rules . except in any cases which leaseholds. or to whom it may seem just that the same should be delivered by way of compensation for such liability as aforesaid. declined or neglected to give notice whether he dis claims the property or not . as to the Court may seem equitable. as against the trustee. and on any such vesting order being made. on application by any person by Court. Court may (5) " The Court may. tenant's improvements. after such application as aforesaid. if the trustee. entitled to the benefit or of contract on terms. 320. as either claiming any interest in any disclaimed property. and other matters arising out of the tenancy as the Court thinks just (q). or to property disclaimed : under any liability not discharged by this Act in respect of any disclaimed property. require such notices to be given to persons interested. on the application of any person order rescission who is.128 THE PRINCIPLES OP BANKRUPTCY. CHAP. and impose such terms as a con dition of granting ' leave. he shall be deemed to have adopted it. the property comprised therein shall vest accordingly in the person therein (?) See R. does not within the said period or extended period disclaim the con tract. application in writing has been made to the trustee by any person interested in the property requiring him to decide whether he will disclaim or not. and in the case of a contract. and on hearing such persons as it thinks fit. or a trustee for him. . make an order rescinding the contract on such terms as to payment by or to either party of damages for the non performance of the contract. before or on granting such leave. or such extended period as may be allowed by the Court. and the trustee has for a period of twenty-eight days after the receipt of the applica tion. subject to the burden of a contract made with the bankrupt. and any damages payable under the order to any such person may be proved by him as a debt under the bankruptcy. and on such terms as the Court thinks just .

and interests created therein by the bankrupt (r). but includes any property burdened with onerous covenants or obligations that may have been vested in the bankrupt at the time of the bankruptcy (t). which. 133. D. (7) " Any person injured by the operation of a disclaimer Persons under this section shall be deemed to be a creditor of the ^^almer bankrupt to the extent of the injury. But where pro perty vested in the trustee is not so burdened. K. he has a mere equity of redemption in a lease mortgaged by the bankrupt by way of assignment. 23 of the Act of 1869. whether as under-lessee or as mortgagee by demise except upon the terms of making such person subject to the same liabilities and obligations as the bankrupt was subject to under the lease in respect of the property at the date when the bankruptcy petition was filed. post. 24 Q. and may accordingly may prove. for the purpose. 14 Q. prove the same as a debt under the bankruptcy. the Court shall not make a vesting order in favour of any person claiming under the bankrupt. (u) In re Gee. 21 Q. is not restricted to property divisible amongst the creditors. 129 named in that behalf without any conveyance or assignment ohap. no dis claimer is necessary. and either alone or jointly with the bankrupt to perform the lessee's covenants in such lease. It will be noticed that the trustee must (r) Cf. is binding on the Crown (s). 9. it may be mentioned. \t) In re Maucjhan. The above section adopts many of the decisions on s. . p. the trustee not being liable on the covenants in the lease either by privity of contract or privity of estate (u). B. B. see ante. incumbrances. 380 . the Court shall have power to vest the bank rupt's estate and interest in the property in any person liable either personally or in a representative character. THE TEUSTEE. (s) In re Thomas. D. and any mortgagee or under-lessee declining to accept a vesting order upon such terms shall be excluded from all interest in and security upon the property. B. D." The "property" that may be disclaimed under the above section. 65.B.viii. and if there shall be no person claiming under the bankrupt who is willing to accept an order upon such terms. where. that where the property disclaimed is ^^lease' of a leasehold nature. for instance. " Provided always. freed and discharged from all estates. 956. p.

(a) Under the Act of 1869. the trustee would not have been deemed to have adopted the contract . 320. after notice from the landlord under sub-s. D. 14 Q. Davis. 3 Ch. Disclaimer of As to contracts it will be noticed that now. 1 Mor. Where the trustee. 4. the rights. 24 Ch. 82. (w) In re Page. B. Ex p. or was contemplated as likely to do so (x) . and by sub-s. CHAP.130 THE PRINCIPLES OF BANKRUPTCY. Where. the trustee does not disclaim a contract within a limited time after application has been made to him. subject to any exceptions contained in the Terms may rules. he is entitled to prove for the amount of the rent reserved by the lease for the remainder of the term minus what he can get from another tenant (b). D. Co. that he should pay the rent up to a certain day). B.g. (z) In re Sandwell. 26. 4. but the Court may extend the time upon reasonable grounds. R. 28. 7 Ch. (v) In re Price. L. if. he will be deemed to have adopted it . exercise his right of disclaimer within a limited period. D. 14 Q. and this practice will still be followed (y). lb. D. \x) Ex p. and the landlord landlord on disclaimer of cannot re-let the land at so high a rent as before. D. D. . 463. Proof by Where a lease has been disclaimed. for instance. he will render himself liable for rent and costs (w). The trustee must obtain the leave of the Court to dis claim a lease. a lease may be disclaimed without leave under R. and if the rights of other parties will be thereby prejudiced it will put the trustee upon terms (v). 22 Ch. 5 the party entitled to the benefit or subject to the burden of a contract made with the bankrupt may apply to the Court to rescind it (a).. by sub-s. (y) In re Zappert. the Court has no jurisdiction to impose terms (z). 384 . 13 Q.. Brooke. if contracts.VIII. (b) Ex p. Under the late Act the be imposed on trustee Court when allowing a disclaimer of a lease imposed terms disclaiming on the trustee (e. see Ex p. and liabilities of the bankrupt in or in respect of the property disclaimed. as to which see R. Llynvi Coal. Sub-s. as in small bankruptcies. as by it the disclaimer now determines as from the date of disclaimer. Arnal. and not from the date of the order of adjudication. interests. does not give notice of his intention within the prescribed period. 960. 2 differs from the provision in the late Act. $c. though it discharges the trustee from personal liability as from the date when the property vested in him. 320. In re T. 466. Isherwood. when a special case is made out for them. B. 401. 72 . it was shown that his occupation of the premises produced a benefit to the estate. In re Sneezum.

D. 15 Ch. If a lessee who has deposited a lease by way of equitable mortgage. K 2 . the under- lessee. and his trustee disclaimed. and the trustee. E. 131 The effect of a disclaimer of a lease is to relieve the bank. and so where a lessee granted an underlease. becomes bankrupt. on the same principle. The proviso in sub-s. 133. In such a case. enables the Court to make an order vesting the property in the under-lessee. where the assignee of a lease became bankrupt. 524. instead of disclaiming. 13. A. Sill v. his proper remedy being by dis claimer . e) See B. and if he neglects or is unable to disclaim. does not entitle the lessor to recover the premises from the under-lessee (/). and the trustee has no right of election to accept or decline them. B. D. but it Effect of dis- does not otherwise affect the rights and liabilities of third ^™er of parties in relation to the property disclaimed. Hincks. Hardinge. And. 6. D. or for non-payment of the rent reserved thereby (d).. 289.chap. Again. the mere fact that the lessee has become bankrupt and that his trustee has disclaimed. rupt and his estate and the trustee (c) from liability. he (c) But the trustee is not relieved from liability for wrongful acts. Cas. post. Ex p. if the underlease were made at a rent less than that reserved by the original lease. Walton. The leasehold estates of a bankrupt vest in the trustee on his appointment. after the disclaimer. it was held. a disclaimer of the lease by his trustee was held not to Ssdaimerof affect the right of the lessor to distrain on the premises for leases. that the lessee was still liable under his covenant to the lessor. the mortgagee must indemnify him against the cove nants contained in the lease (h). p. 7 Q. ante. sup. 17 Ch. (/) Smalley v. however. India Dock Co. and to re-enter in due course for the breach of the lessee's covenants in the lease. THE TRUSTEE. 746. as amended by the Act of 1890. s. see JSchqfieldr. would be entitled to prove in the bankruptcy for the value of the difference between the two rents (d). (rf) Ex p.. and afterwards became bank rupt. Buxton. 9 App. the rent reserved by the original lease. subject to the same liabilities and obligations as the bankrupt was subject to under the lease at the date of the petition (e). 448. p. 1890. 127. assigns the lease to the mortgagee at his re quest.yiii. % W. in an action brought to recover rent accrued since the commencement of the bankruptcy (g).

Again. with all its provisions. to the tenant's fixtures. Ex p. even though he removed them before the date of the disclaimer (k) . to remove machinery erected by him for trade purposes. 10 Ch. 59. Stephens. 9 Q. («) See also In re Moser. Brook. under the Act of 1869. But it would seem that in such a case now the trustee could claim such machinery if he removed it before the disclaimer. Where. too. 473. by virtue of the privity of estate existing between him. B. D. even to a pauper. but he is not liable for any breaches of covenants happening before his appointment (i). 13 Q. chap. D. 127 . as the disclaimer does not relate back to the adjudication (n). sup. D. 7. becomes.132 THE PRINCIPLES OF BANKRUPTCY. as assignee. (I) In re Moser. that the disclaimer having operated as a surrender of the lease. B.viii. and personal chattels. during or within twelve months from the expiration or sooner deter mination of the term. where. it was held. as from the date of his appointment . 11 Q. under the Act of 1869. demised to him as one subject-matter. (k) Ex p. D. a bankrupt was the lessee of lands. a trustee disclaimed a lease which contained a proviso enabling the lessee. D. . as against the lessor. In re Johnson and Stephens. as a disclaimer now operates as from its date. and that the trustee (i) Titterton v. D. 7 Ch. 92. Under the late Act. He may relieve himself from future liability by assigning the lease. at one entire rent. which corresponded to the adjudication). or give a reasonable time to the trustee to remove them before disclaiming (I). it was held. though it contain a covenant not to assign without leave (j). as from the date of adjudication (or in liquidation by arrangement from the appointment of the trustee. 100. but this is no longer so. as the disclaimer of a lease related back to the date of adjudication. GUgg. B. 738. that a dis claimer of the lease by the trustee operated as a surrender of the chattels as well as of the land. personally liable in respect of the covenants contained in the leases. was not entitled. and that. and the lessors. (j) Bopkinson y . If the trustee disclaims. the landlord should either take the tenant's fixtures at a valuation. and the trustee could not claim it against him (m). 1 Man. 19 Ch. (mi) Ex p. who disclaimed the lease. the trustee of a bankrupt lessee. the lessor was|entitled to the machinery. In re Latham. Zovering. Cooper.

A. clause (a). 122. D. or to the same •extent as if he were the original lessee. and the trustee obtains leave to •disclaim. " The Court may. 475. who wishes to appeal from the order giving leave to disclaim. modify the terms prescribed by the proviso in sub-s. 287. as it will be too late to appeal when the trustee has executed the disclaimer (p). (r) In re Cock. And. a doubt was expressed whether when an order is made vesting the property in the mortgagee. Where a trustee has obtained leave to disclaim a lease. If the mortgagee should decline to accept a vesting order on such terms. . if a lessee who has mortgaged leasehold property by sub- demise becomes bankrupt. In re Hawes. In re Mercer and Moore. D. (p) Inre Woods. D. Ex p. •on the application of the lessor. 19 Ch. just cited. 133 could not claim the chattels under the reputed ownership OHAP. In the case of In re Finley. Exp. under the old Act. s. 20 Ch. THE TRUSTEE. though a disclaimer does not now relate back to the date of the adjudication. by the B. Now. 343 . B. In re Finley. an order may be made •excluding the mortgagee from all interest in or security upon the property. D. D. the lessor. 1890. 55. 13. the Court may order that the property be vested in or delivered to the lessor (r). Thus. for the purpose of having conditions imposed or otherwise. (q) Cf. if it thinks fit. he becomes liable to the covenants and obliga tions of the lease only as an assignee thereof. The order may be made on the application of a person who claims an interest in the disclaimed property. D. 341. Ditton. unless within a certain time he elect to ■accept a vesting order subject to those liabilities and obliga tions (>•). 20 Q. the mortgagee may obtain an order vesting the property in him subject to the same liabilities and obliga tions as the bankrupt was subject to under the lease in respect of the property at the date of the petition (r)..VIH. as has been seen. 21 Q. 55. should apply for a stay of proceedings. Sub-s. 14 Ch. This would seem to be still good law. so as to make the person in whose favour the vesting order may be made subject only to the same liabilities and to) Exp. or who is under any liability not discharged by the Act in respect of it. B. however. 6 of s. 459 . or an equitable mortgagee or other person. 6 of s. enables the Court to make an order vesting disclaimed property in the person entitled thereto or an order for its delivery to him (q). Sadler. 3 Ch. Allen.

" Every trustee in bankruptcy shall. Exp. 162 of the Act enacts that trustees and others having in their hands under the B.—As we have already pointed out (ante. 6 by transferring the mortgage debt. (w) S. Account and the Board of Trade shall furnish him with a certificate When account of receipt of the money so paid (w).. strong case must be made out to induce the Court to make- this modification (s). all moneys received by trustees in bankruptcy must be paid into the Bank of England. are to dispose of them as directed by that section. pay the money received by him to Estates tQe Bankruptcy Estates Account at the Bank of England. By ss. T. 74 and 75 :— S. or of obtaining ad vances. and other Acts now repealed. or because of the probable amount of the cash balance. B. he will. allow an account to be opened in a local bank. 74. a person of small means. («) S. L. unless the Board. and in such a case if the mortgagee himself refuses to take a vesting order. 74 (1). be excluded from all interest in and security upon the property (t). (t) In re Smith. A mortgagee by sub-demise of leaseholds cannot evade the operation of sub-s.viii. unclaimed or undis tributed funds or dividends for a certain period after the same became claimable or distributable. Hepburn. this account (s. to the credit of the Bankruptcy Estates Account kept there by the Board of Trade (u). or if the committee shall satisfy the Board of Trade that for any other reason it is for the advantage of the (*) In re Walker. s. 26 Q. 536. 74 (3). 74 (2) ). D. chap. on the application of the committee of inspection. 1895. Further. in such manner and Ti^e«j^Pay at such times as the Board of Trade with the concurrence Bankruptcy of the Treasury direct. on the lessor's application. obligations as if the lease had been assigned to him at the date when the bankruptcy petition was filed. who is to hold the same as trustee for the mortgagee^ and who is willing to take a vesting order. 117). 16th March. and security to a nominee of his own. 1869. Payment of Moneys into Sank. .134 THE PRINCIPLES OF BANKRUPTCY. p. A. and (if the case so requires) as if the lease had comprised only the property comprised in the vesting order." It would seem that a. Provided that if it focal bankPt aPPears *° tne committee of inspection that for the purpose of carrying on the debtor's business. The account of the Accountant in Bankruptcy is transferred to.

75. local bank. in manner prescribed. 340. or other sufficient cause. 75. unless he explains the retention to the satisfaction of the Board of Trade. "The trustee shall make his payments into and out of Payments into such local bank in the prescribed manner (x). where the debtor at the [i. ruptcies under Part VII. private"1*0 " Subject to any general rules relating to small bank. Ss. —The trustee shall keep. such account shall not be withdrawn until the expiration of seven days from the day appointed for the first meeting of credi tors. he shall pay interest on the amount so retained in excess at the rate of twenty pounds per centum per annum. order the withdrawal of the account " (6). " All payments out of money standing to the credit of Payment out the Board of Trade in the Bankruptcy Estates Account ^X^" shall be made by the Bank of England in the prescribed Estates manner (z). then. money8. (2) S. proper books. scheme of arrangement shall pay any sums received by him Trustee not as trustee into his private banking account (a). 79. seeB. 74 (4) : see Bs. Such account shall be opened and kept Name of by the trustee in the name of the debtor's estate : and any t^t^ioca]8 interest receivable in respect of the account shall be part of bank. and shall have no claim for remuneration.vtu. 74 (7): seeB. in which he shall from Books to be time to time cause to be made entries or minutes of proceed. bcal°ban°k "If a trustee at any time retains for more than ten days consequence a sum exceeding fifty pounds. (a) S. 341. the Board of Trade shall. 312. THE TKUSTEE.1 date of the receiving order has an account at a bank.ta^tee^ (x) S. on the application of the committee of inspection. 341. for the safety of the account. and may be removed from his office by the Board of Trade. 80. 74 (5) . Books to be kept by Trustee. . 135 creditors that the trustee should have an account with a chap. 74 (6). authorise the trustee to make his payments into and out of such local bank as the com mittee may select. Acconnt- " No trustee in a bankruptcy or under any composition or s. Ss. 121-2.account. p 159. .e. 273 (6). (*) S. W S. the assets of the estate. of this Act. and shall be liable to pay any expenses occasioned by reason of his default (y). unless the Board of Trade. or such other amount as the of retaining Board of Trade in any particular case authorise him to retain.

Rs. CHAP. '/) B. —It shall be law accounts. 17 . 308. A. Audit of Audit of Trustee's Accounts. 80). and a Cash book. 80. upon receipt of such notice. Statement of Accounts to be furnished by Trustee. &c. as the case may be. c) Rs. pro vided that the person at whose instance the accounts are furnished shall deposit with the trustee or official receiver. with the concurrence of one-sixth of the creditors (including himself). showing in such list the amount of the debt due to each of such creditors. spection by creditors. R. 315. inspection (if any) at least once in three months. and on payment of the prescribed fees may obtain a copy of the trustee's accounts. it being provided that :— S. But besides this there is to be an audit by the Board of Trade. trustee or official receiver shall. 1890. Trustee to List of Creditors to be furnished by Trustee. personally or by his agent inspect any such books. 314. If he carries on the business of the debtor he is to keep a trading account thereof (c). furnish and transmit to such creditor by post a list of the creditors. 78. 1890. such sum to be repaid to him out of the estate if the creditors or the Court so direct (/). These books are a Record book. and of such other matters as may he pre scribed (s. 'd) Ss. 285—289. furnish and transmit such statement of the accounts . open to in Any creditor may. and the committee at least once in the same period are to audit the cash-book (g). in which he will enter resolutions.VIII.—The trustee is to submit trustee's his books and accounts and vouchers to the committee of accounts. and the trustee shall. ful for any creditor. subject to the control of the Court. at such times as may be prescribed. 287—288. together with the cost of the postage thereof (e). 16. —The furnish list of creditors. ) Rs. ings at meetings. s. A. ('«) B. . a sum sufficient to pay the costs of fur nishing and transmitting the accounts. 315. 79. s. at meetings. Every trustee shall. whenever required by any creditor so to do. as well as a list of the creditors and of the debts respectively due to them (d). by Committee. The trustee or official receiver shall be entitled to charge for such list the sum of threepence per folio of seventy-two words.136 THE PRINCIPLES OF BANKRUPTCY. at any time to call upon the trustee or official receiver to furnish and transmit to the credi tors a statement of the accounts up to the date of such notice.

the trustee may do S. neglect. 81. Ordinary powers of Trustee to deal with Bankrupt's property. 289—291. by public auction or private contract. The Board of Trade must cause the statements so trans mitted to be examined. the inspection of any creditor. that. and may require the trustee io make good any loss which the estate of the bankrupt may have sustained by the misfeasance. 56. 56.yiii. When any such account has been audited one copy thereof Filing and in- shall be filed and kept by the Board and the other copy audited1 ° shall be filed with the Court. neglect. 78 . The Board of Trade shall cause the accounts so sent to be audited. . transmit to the Board of Trade a statement showing the proceedings in the bankruptcy up to the date of the statement.of the audit the trustee shall furnish the Board with such vouchers and information as the Board may require. or omission (i). or as they direct. and call the trustee to account for any misfeasance. all or any of the following things :— Powers of (1) " Sell all or any part of the property of the bankrupt with^property! (including the goodwill of the business. and the book debts due or growing due to the bank rupt). THE TRUSTEE. office. as may be prescribed. or omission which may appear on the said statements or in his accounts or otherwise.—Every trustee in a bankruptcy must from time to Annual time. and shall be verified by a statutory declaration Trade- in the prescribed form. if any. an Audit of account of his receipts and payments as such trustee. or of any person interested (h). Es. containing the prescribed particulars. and the Board may at any time require the production of and inspect any books or accounts kept by the trustee. 137 but not less than twice in each year during his tenure of chap. —As to these it is enacted by s.— " Subject to the provisions of this Act. Annual Statement of Proceedings to the Board of s. send to the Board of Trade. with (A) S. and at least once in every p^"^^ year during the continuance of the bankruptcy. accounts by The account shall be in a prescribed form. (») S. 81. or of the bankrupt. and each copy shall be open to accounts. Trade. shall be made Board of in duplicate. and made out in the prescribed form. and for the purposes .

D. do all or any of the permission of following things :— committee of inspection." S. rank. 316. —" The trustee may. 74. (1892) 1 Q. (3) "Employ a solicitor or other agent to take any pro ceedings or do any business which may be sanc tioned by the committee of inspection (m) : (4) " Accept as the consideration for the sale of any pro- (J) Seep. 31 Ch. (m) When the official receiver is trustee he is bound by this sub-s. and other instru ments for the purpose of carrying into effect the provisions of this Act : (5) " Deal with any property to which the bankrupt is beneficially entitled as tenant in tail in the same manner as the bankrupt might have dealt with it . and draw a dividend in respect of any debt due to. B. deeds. 1 Q. 1890. so far as- may be necessary for the beneficial winding up of the same (k) : (2) " Bring. claim. 127. 500. D. B. which receipts shall effectually discharge the person paying the money from all responsibility in respect of the application thereof: (3) " Prove. and execute any powers of attorney. p. 4. S. A. Neither the trustee nor any member of the committee can buy any of the property without the leave of the Court. ' for the abolition of fines and recoveries. 123. with the permis- cisable by trustee with sion of the committee of inspection. 15 (3). though insolvent. 33 Ch. Taylor. &c. CHAP. see B. or defend any action or other legal proceeding relating to the property of the bankrupt (I).. or to sell the same in parcels (j) : (2) " Give receipts for any money received by him. 879. 331. 34.the bankrupt : (4) " Exercise any powers the capacity to exercise which is vested in the trustee under this Act. (I) The trustee. a sale to the bankrupt's solicitor was set aside.VIII.138 THE PRINCIPLES OF BANKRUPTCY. c. Powers exerciseable with the permission of the Com Powers exer mittee of Inspection. (1) " Carry on the business of the bankrupt. As to the time when the permission ought to be obtained.' shall extend and apply to proceedings under this Act. 57. 56 to 73 of 3 & 4 Will. (k) See R. : In re Duncan (1892). power to transfer the whole thereof to any person or company. ante. . 316 a. as if those sections were here re-enacted and made applicable in terms to those proceedings. institute. need not give security for costs : Couiell v. The amount of costs to bo incurred may be limited: In re Duncan. Feard. and Ss. In Luddy's Trustee v. R.

compromise all debts. 139 perty of the bankrupt a sum of money payable chap. Again. certain or contingent. 64. and liabilities.Power to intend the management of the property of the bankrupt or roptto™*" of any part thereof.g^ne^6 mentioned things. The trustee may from time to time. at a future time subject to such stipulations as to security or otherwise as the committee think fit: (5) "Mortgage or pledge any part of the property of the bankrupt for the purpose of raising money for the payment of his debts : (6) " Refer any dispute to arbitration. and in other respects Property- to aid in administering the property in such manner and on such terms as the trustee may direct. THE TRUSTEE. or persons claiming to be creditors. according to its estimated value. subsisting or supposed to subsist between the bankrupt and any person who may have incurred any liability to the bankrupt. or to carry on the trade (if any) of the manage bankrupt for the benefit of his creditors. but shall only be a permission to do the particular thing or things for which permission is sought in the specified case or cases " (s. payable at such times. with the permission Allowance to . and generally on such terms as may be agreed on : (7) " Make such compromise or other arrangement as may be thought expedient with creditors. liquidated or unliqui dated. any property which from its peculiar nature or other special circum stances cannot be readily or advantageously sold. on the receipt of such sums. may appoint the bankrupt himself to super. made or capable of being made on the trustee by any person or by the trustee on any person : (9) "Divide in its existing form amongst the creditors. The permission given for the purposes of this section shall Permission not be a general permission to do all or any of the above.viii. the trustee. 57). in respect of any debts provable under the bankruptcy : (8) " Make such compromise or other arrangement as may be thought expedient with respect to any claim arising out of or incidental to the property of the bankrupt. with the permission of the committee S. of inspection. whether present or future. claims.

B. S. D. 64 : see Rs. of the committee of inspection. and it shall be his duty to summon meetings at such times as the creditors. or by the committee. Control over Trustee. either at the meeting appointing the trustee or otherwise may direct. may be allowed to do so in the trustee's name (s). a creditor. or whenever requested in writing to do so by one fourth in value of the creditors. by resolution. on giving an indemnity. unreasonably reject a proof : Exp. wishes. 134). \s) Ex p. (p) See In re Midgway. in the administration of the property powers of trustee and of the bankrupt and in the distribution thereof amongst his control creditors. of his services if he is engaged in winding up his estate. If the bankrupt or any of the creditors. A trustee should not. under the bankruptcy (q). by resolution of the creditors at any general meeting. 17 Q.VIII. but any such allowance may be reduced by the Court {n). Kearsley. 90. make such allowance as he bankrupt for may think just to the bankrupt out of his property for the maintenance support of the bankrupt and his family. (q) See R. Meetings to The trustee may from time to time summon general meet ascertain ings of the creditors for the purpose of ascertaining their wishes of creditors. though directed by the committee. Subject to the provisions of the Act the trustee shall use his own discretion in the management of the estate and its distribution among the creditors (r). B. 296. subject to its directions. (r) S. S. Local bank. have regard to any directions that may be given thereof. 488. p. 337. Brown. 325. 89. 6 Mor. —Subject to the provisions of the Discretionary Act the trustee shall. If a trustee declines to launch a motion to assert his rights. Application The trustee may apply to the Court in manner prescribed to Court for for directions in relation to any particular matter arising directions. 313. It has been seen that the committee must authorise any opening of an account at a local bank (ante. 17 Q. and that where there is no committee the Board of Trade may direct or permit acts to be done by the trustee (ante. 1. or any other person («) S.140 THE PRINCIPLES OF BANKRUPTCY. D. CHAP. In re Genese. 22 (9) : R. The functions of the committee so devolving on the Board may. \o) S. 277. 58). p. 89. or in consideration or service. be exercised by the official re ceiver (o). . and any directions so given by the creditors at any general meeting shall in case of conflict be deemed to override any directions given by the committee (p).

and. apply to the Court. 91. . of trustees. if any. be S' 82- realised without needlessly protracting the trusteeship. and distributed a final dividend. if the Board think fit. or Appeal to modify the act or decision complained of. charging the trustee with the consequences of any act or default he may have done or made contrary to his duty.viii. or has re signed. on his application. to the performance of his duties. Release of Trustee. and duly observing all the requirements j"*^ °ver imposed upon him by statute. (3) " An order of the Board releasing the trustee shall dis- {t) S. shall take into consideration the report. and the Court may confirm. 319.Control of forming his duties. —As to this. or has been removed from his office. he may chap. and make such ^. The Board of Trade shall take cognizance of the conduct s. 82 enacts :— Release of (1) " When the trustee has realised all the property of trustee- the bankrupt. s. or has ceased to act by reason of a composition having been approved. and shall either grant or withhold the release accordingly. on the application of any creditor or person interested. the Board of Trade shall. or so much thereof as can.^eagainst order in the premises as it thinks just (t). cause a report on his accounts to be prepared. rules or otherwise. («) S. the Board shall inquire into the matter and take such action thereon as may be deemed expedient. on his complying with all the requirements of the Board. make such order as it thinks just. 90. with respect trustees. See also R. in his opinion. and may. The Board may also direct a local investigation to be made of the books and vouchers of the trustee (u). 141 is aggrieved by any act or decision of the trustee. and any objection which may be urged by any creditor or person interested against the release of the trustee. 91. The Board may at any time require any trustee to answer any inquiry made by them in relation to any bankruptcy in which the trustee is engaged. subject nevertheless to an appeal to the High Court. THE TRUSTEE. (2) " Where the release of a trustee is withheld the Court may. aud in the event of any trustee not faithfully per. reverse. or in the event of any com plaint being made to the Board by any creditor in regard thereto. apply to the Court to examine on oath the trustee or any other person concerning the bankruptcy.

but no liability is to attach to him personally by reason of his so continuing in respect of any act done. s. 292. and where an official receiver or official assignee has been released under that section he is to con tinue to act as trustee for any subsequent purposes of the administration of the debtor's estate. chap. tv) See Rs. default made. 6. or otherwise in relation to his conduct as trustee.142 THE PRINCIPLES OF BANKRUPTCY. sub-s. 309—310 a. with the exception of sub-s. and thereupon the official receiver shall be the trustee " (v). applies to an official receiver or official assignee when he is or is acting as trustee. 4. or liability incurred before his release (w). his release shall operate as a removal of him from his office. 1887. . (««) Bankruptcy (Discharge and Closure) Act. 2.vtii. The above section. but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact. (4) " Where the trustee has not previously resigned or been removed. charge him from all liability in respect of any act done or default made by him in the administration of the affairs of the bankrupt.

As to official receivers acting for the Board of Trade. 337. provided that no additional expense be thereby incurred (d). —An official receiver may. but the same person may be appointed to act for more than one district (a). and. (e) S. The Board may nominate any of Deputy official its officers to fulfil the duties of an official receiver during receiyer- any temporary vacancy in the office or during his temporary absence or illness. for special reasons. OFFICIAL RECEIVERS AND BOARD OF TRADE. which it is expedient that some person other than the official receiver should perform. It may also order. that any of its officers mentioned in the order. . CHAPTER IX. the one appointed by the Court for a particular estate is to be the official receiver for the purposes of that estate : the estates are distributed amongst them in the prescribed manner. 327—329. see R. 66 . A. 321—339. 66 : see also Rs. unless the Board with the like concurrence otherwise directs. Rs. 67 : cf. Their number and the dis tricts assigned to them are fixed by the Board with the con currence of the Treasury. may discharge any portion of the duties of the official receiver. 323 a—323 c. petitions. Rs. verifying proofs. for the purpose of affidavits. It may also appoint assistant official receivers (c). and where more than one reivers is attached to the same Court. but the Board may at any time require a particular estate to be assigned to a par ticular official receiver (6). directions of the Board of Trade. Duties of Official Receivers. 1890. Official receivers are appointed by and act under the chap. one only is appointed for each district . 14. s. They are also officers of the Status of Court to which they are attached. 321. (}) S. which may at any time remove persons so appointed. and may nominate a deputy to act for an official receiver for a period not exceeding two months. ix. or other (a) S. (d) B.

44. . in the interests of the creditors. suspending. and Rs. (2) To authorise the special manager to raise money or make advances for the purposes of the estate in any case where. S. (4) To take such part. 183. See also R. (2) To make such other reports concerning the conduct of the debtor as the Board of Trade may direct. and give such assistance. terim receiver of the debtor's estate. 22. or which would justify the Court in refusing. or any amendment thereof. 169—173. 7o. to act as in- estate. it is the official receiver's duty— afregaXtoT CO To investigate the conduct of the debtor and to report debtor's con. stating whether there is reason to believe that 1 ' the debtor has committed any act which constitutes a mis demeanor under the Debtors Act. Cas. s. 245—248 . see s. proceedings under the Act. (i) See Sch. 17 a. 286.to the Court.144 THE PRINCIPLES OF BANKRUPTCY. p. B. \j) See Sch.. or under the Bankruptcy Act. I. 1890. A. (/) S. 123. administer oaths. or qualifying an order for his discharge. p. (A) As to appointing him interim receiver before a receiving order is made. and give him such access to. p. the date of the (e) See Turquandv. it is the official receiver's Duties of duty-— as^TdebTor's61 0) Bending the appointment of a trustee. 10. it appears necessary so to do : (3) To summon and preside at the first meeting (i) : (4) To issue forms of proxy for use at meetings (j) : (5) To report to the creditors as to any proposal which the debtor may have made with respect to the mode of liquidating his affairs : (6) To advertise the receiving order. 170—175. 68. 1869. As to the estate of a debtor. ante. unless the context otherwise requires. as manager thereof (A). where a special manager is not appointed. I. post. 11 App. The trustee must supply the official receiver with such information. (3) To take such part as may be directed by the Board of Trade in the public examination of the debtor. and Rs. (a) S. include the official receiver when acting as trustee (e). Duties of As regards the debtor. ante. 69. and facilities for inspecting the bankrupt's books and documents and generally must give him such aid. chap. See pp. or the Act otherwise provides. as may be requisite for enabling the official receiver to perform his duties under this Act (/). All expressions referring to the trustee under a bankruptcy shall. and. ix. Board of Trade. in relation to the prosecu tion of any fraudulent debtor as the Board of Trade may direct (g).

which provide for the transfer to the Board of Trade of the comptroller in bankruptcy and other officials. where a vacancy occurs in the office of trustee. Salaries. incur any expense beyond such as is requisite for the protec tion of the debtor's property or the disposing of perishable goods : provided that where the debtor cannot himself pre pare a proper statement of affairs the official receiver may. or where after the close of a liquidation by arrangement or a bank ruptcy there is any property unrealized or undistributed (ss. (m) S. ante. 70. Fees. 336. 324. 71. L . Funds. directs what remuneration is to be allowed to official receivers and others appointed by the Board. Additional official receivers and other officers may. ix. 338. p. or the registrar is trustee. 145 first meeting and of the public examination. 285. as far as practicable. Expenditure. summon meetings of the persons claiming to be creditors. and must not. 326. Transitory Provisions. 153—161). matters as it may be necessary to advertise : (7) To act as trustee during any vacancy in the office of trustee (cf. OFFICIAL RECEIVERS AXD BOARD OF TRADE. with the concurrence of the Treasury. and such other chap. 263. if he thinks it advisable. K) S. ^ For the purposes of his duties as interim receiver or manager the official receiver has the same powers as if he were a receiver and manager appointed by the High Court. 286. and may for that purpose. with the Treasury's approval. consult the wishes of the creditors with respect to the management of the debtor's property. 57).— The Board of Trade. regulate the status. employ some person or persons to assist in the pre paration of the statement of affairs. but must. Every official receiver must account to the Board of Trade and pay over all moneys and deal with all securities in such manner as the Board from time to time direct (I). —We may pass over these sec tions. subject to any prescribed rules (k) and at the expense of the estate. unless the Board of Trade otherwise orders. Such officers are paid (*) See Rs. 125. 217. new duties and superannuation of various persons. be appointed by the Board (m). See also Rs. and appoint certain officers to be nominated by the Board tc fill the position of trustees in liquidations by arrangement or bankruptcies under the Act of 1869.. and Returns.

and. 1890. which is to repay to the Board any sum that may be required in respect of bank rupts' estates (t). 128. 130. for the purpose of enforcing such account. The accounts so transmitted to the Board are open to inspection by any creditor on payment of the prescribed fee (q). and from its returns the Treasury prepares and lays annually before Parliament an account of receipts and expenditure in bankruptcy proceedings (o). 129. p. (q) See B. post. (») Ss. and every trustee under such a deed must. the registrar of bills of sale must make returns to the Board of Trade of the registration of deeds of arrangement . 5. 76. 101. 102. and keep an account. for V^rtc6 5* 51 ^ne PurPoses °f sucn rePort. 8). (i) S. 25 . to) S. 282—284. exercise the powers given by s. within 30 days of the 1st of January in each year. stamps. called the Bankruptcy Estates Account. an account of his receipts and payments. and the receipts from various fees. A. Judicial salaries are regulated by the Lord Chancellor with the concurrence of the Treasury (n).25» tms rePort now includes proceed- eipendltare iugs under the Deeds of Arrangement Act. If any trustee fails to transmit such account. on the application of the Board. from which the Board prepares books for public information and researches. 1887 . 74. (r) S. A trustee in the above section includes any person appointed to distribute a com position or to act in any fiduciary capacity under any deed of arrangement. sub-s. 131 . transmit to the Board. . S. The accounts of the Board are audited. (p) S. 77. Rs.146 THE PEINCIPLES OF BANKRUPTCY. Deeds of Arrangement Rules. 1890. and where there is a surplus fund the investment of such fund and the dividends from such investment are to be under the control of the Treasury. Ixi out of public moneys. the bankruptcy judge of the High Court may. and the Board makes an annual report to Parliament on all judicial and financial matters (p). in cases of bankruptcy (ante. and percentages which are regulated by the Lord Chancellor and the Treasury. with the Bank of Eng land (s). (s) S. The Board must make payments out of funds in its hands to any person entitled in accordance with the direction of the Court (r). All bankruptcy officers make returns. IlceHs and ^e ^" 18^°> s. or as it directs.

CHAPTER X. Where a bankrupt is a contractor in respect of any s. but notice of the application for authority to commence the action must be given to him. such person or Actions on persons may sue or be sued in respect of the contract J"^0011" without the joinder of the bankrupt (c). S. contract jointly with any person or persons. x. S. 114. unless the Court otherwise directs. and. 33. L 2 . any other Property of petition against or by a member of the same partnership {J£rjj^/°n must be filed in or transferred to the Court in which the same trustee. first-mentioned petition is in course of prosecution. W S. and he may show cause against it. direct that he shall receive his proper share of the proceeds of the action. PARTNERS AND JOINT DEBTORS. the Court may authorize the trustee to commence and Actions by prosecute any action in the names of the trustee and of the bankrupt's bankrupt's partner . if it thinks fit. 112. debt or demand to which the action relates shall be void . and the Court may. 114. the same trustee or receiver must be appointed as may have been appointed in (o) Partnership Act. Where a member of a partnership is adjudged bankrupt. 113. 1890. 113. petition against or by one member of a partnership. Subject to any agreement between the partners. In addition to the points incidentally mentioned elsewhere chap. every partnership is dissolved as regards all the partners by the bankruptcy of one (a). and if he does not claim any benefit therefrom he must be in demnified against costs in respect thereof as the Court directs (b). s. we shall collect here a few of the authorities and of the pro visions of the Act relating to partners and joint debtors. Where a receiving order has been made on a bankruptcy s. and any release by such partner of the partners.

14 Ves. proof by the firm is allowed against the estate of the member or mem bers carrying on such distinct trade or vice versa. any (d) S. Cook. \t) S. Read v. x. 557. the separate estates may prove against the joint estate in competition with the joint creditors (h). "W.148 THE PRINCIPLES OF BANKRUPTCY. and the Court may give directions for consolidat ing the proceedings (d ). 550 . (g) Exp. Ex p. 7 Mor. Sillitoe. (1894) 2 Ch. ubi supra. 270 . Ackerman. 293 . " In the case of partners the joint estate shall be applicable Joint and ^ m the first instance in payment of their joint debts. If there is a eacrfotherf surplus of the separate estates it shall be dealt with as part of the joint estate. See Rs. the creditors of the firm are entitled to prove against the separate estate in competition with the separate creditors. (3) Where an individual partner fraudulently as to his co-partners withdraws funds from the partnership and applies them to his own use. (2) Where a joint creditor is the petitioning creditor in a separate adjudication he may receive dividends out of the separate estate (g). Bailey. S. and the tors cannot6 separate estate of each partner shall be applicable in the first Pr°™inc?™. 349 . 2 Ch. (h) Ex p. Sillitoe. 266—270. 18. 3 App. In re Budgett. chap. provided the debts have arisen in the ordinary course of business between trade and trade (i). Cas. 259—264. If a receiving order is made against one partner. 382 . & J. 2 P. 604. 19. Ex p. . 40 (3). however. 1 Gl. See Rs. respect of the property of the first-mentioned member of the partnership. there are some exceptions :— (1) Joint creditors may receive dividends out of separate estates pari passu with separate creditors if there is no joint estate and if there is no solvent partner (/). 112. \i) Exp. 128. (/) In re Carpenter. To this rule.instance in payment of his separate debts. 40 (3). Hall. If there is a surplus of the joint estate it shall be dealt with as part of the respective separate estates in proportion to the right and interest of each partner in the joint estate " (e). R. 500. 9 Ves. Mattde. p. L. and so if funds belonging to the individual part ners have been fraudulently converted to the use of the partnership. Exceptions. (4) Where one or more members of a firm carry on a distinct and separate trade. 94. Exp.

Ill—where Power to dis- there are more respondents than one to a petition the Court mis?Pfti*i°n r_ r _ against some may dismiss the petition as to one or more of them. 115. 115. order the names of the persons who are partners in such firm or the name of such person to be disclosed in such manner. It may be mentioned that for all or any of the purposes of the Act. but in such case the Court may. 246. See further Rs. and that in certain cases the public examination of one of joint debtors may be dispensed with (ante. may take Proceedings proceedings or be proceeded against under this Act in the j^m"41161811111 name of the firm. may prove his debt for the purpose of voting at any meeting of creditors. and how a discharge in bankruptcy or the acceptance of a composition or scheme of arrangement may leave a joint debtor or partner liable (ante. or otherwise as the Court may direct (k). 156). but he cannot receive a dividend out of the separate estate until all the separate creditors have re ceived the full amount of their respective debts (Sch. or any person S. PARTNERS AND JOINT DEBTORS. present a petition against any one or more partners of the firm without including the others: and by s. p. how the Partner ship Act. (k) S. 39). With regard to bankruptcy petitions. and. without respondents prejudice to the effect of the petition as against the other or only- others of them. post. a firm may act by any of its members (s.148- as to proceedings in the name of the firm. affects the priority of provable debts. . r. p. it is provided that any two or more persons. and may vote thereat . s. or any of them. 1. p. 1890 (53 & 54 Vict. 54. 259—270. c. being partners. carrying on business under a partnership name. 149 creditor to whom that partner is indebted jointly with the chap. p. by s. 48). and verified on oath. 110—any Power to creditor whose debt is sufficient to entitle him to present a {^"gXlt bankruptcy petition against all the partners of a firm may one partner. on appli cation by any person interested. 13). We have elsewhere shown (ante. x- other partners of the firm. 108). 148) .

24 Q. 28 of the B. S. which relates to this subject. (2) On the hearing of the application the Court shall take into consideration a report of the official receiver as to the bankrupt's conduct and affairs (including a report as to the bankrupt's conduct during the proceedings under his bank ruptcy) (6). see In re Jones. 25 Q. or suspend the operation of the order for a specified time. D. but bankrupt. In re Jones. 1890. D. (c) See post. 236—239. (a) As to misconduct. bankrupt. . under the repealed section. or grant an order of discharge subject to any conditions with respect to any earnings or income which may afterwards become due to the bankrupt. chap. committed any misdemeanor under the Debtors Act. A refusal by a bankrupt to submit to a medical examination for the purpose of enabling the trustee to insure his life was held. 570 . and the public examination must be concluded. 169. or with respect to his after-acquired property : Provided that the Court shall refuse the discharge in all cases where the bankrupt has. The application shall be heard in open Court. and Discharge of *ne C°ur^ shall appoint a day for hearing the application. xi. 13 App. p. Cas. Block. 285.—Before an application by a bankrupt for an order of discharge can be heard the official receiver must make a report on the bankrupt's conduct and affairs. 1890. A. DISCHARGE OF THE BANKRUPT. S. and this decision is probably still good : Board of Trade v. B. CHAPTER XI. 1869 (c). apply to the Court for an order of discharge. not to amount to misconduct. 62. 8 of the B. 1883. cf. including his conduct under the bankruptcy proceed ings (a). at any time after being adjudged Act.bankrupt may. 8 is as follows :— Bankruptcy (1) -A. the application shall not be heard until the public examina tion of the bankrupt is concluded. renders it more difficult for a bankrupt to obtain his discharge than did the repealed s. (i) See Rs. Discharge of Bankrupt. B. 32 & 33 Vict. c. sup. and may either grant or refuse an absolute order of discharge. A. 589 .

or (iii) suspend the discharge until a dividend of not less than ten shillings in the pound has been paid to the creditors . the Court may modify the terms of the order. 240. and shall. in such manner and upon such conditions as it may think fit (g). or (iv) require the bankrupt as a condition of his discharge to consent to judgment being entered against him by the official receiver or trustee for any balance or part of any balance of the debts provable under the bankruptcy which is not satisfied at the date of the discharge. Arnaud. (/) See Rs. p. post. see R. with his bankruptcy. («) It was held under the repealed section that the condition requiring a bank rupt to consent to judgment being entered against him should not be imposed unless the bankrupt is in receipt of income more than sufficient for himself and family. but execution shall not be issued on the judgment without leave of the Court. Gould. This rule will probably still be followed. xi. 836. 36 W. . 158. (3) The facts hereinbefore referred to are :— (a) That the bankrupt's assets are not of a value equal to ten shillings in the pound on the amount of his (d) See 8. 215. either— (i) refuse the discharge . or any other misdemeanor connected chap. Ex p. 151 or the principal Act (d). Provided. As to drawing up order. 31. 37a. 7 Mor. 244b. 243. (g) R. such balance or part of any balance of the debts to be paid out of the future earnings or after.acquired property of the bankrupt in such manner and subject to such conditions as the Court may direct (e) . which leave may be given on proof that the bankrupt has since his discharge acquired property or income available towards payment of his debts (/). or (ii) suspend the discharge for a period of not less than two years . 244. or is likely to acquire property sufficient to satisfy the judgment : Ex p. DISCHARGE OF THE BANKRUPT. on proof of any of the facts hereinafter mentioned. R. or of any substituted order. that if at any time after the expiration of two years from the date of any order made under this section the bankrupt shall satisfy the Court that there is no reasonable probability of his being in a position to comply with the terms of such order. or any felony connected with his bank ruptcy. unless for special reasons the Court otherwise de termines.

his bankruptcy by rash and hazardous specula tions. or by gambling. D. 1. B. D. or contributed to. xi. or by unjustifiable extravagance in living. 15 Q. but the subsection does Dot apply to an isolated transaction not connected with the bankrupt's ordinary business: In re Mutton. B. The books should be so kept as to show at once the bank rupt's financial position : Exp. unsecured liabilities. In re Griffin. unless he satisfies the Court that the fact that the assets are not of a value equal to ten shillings in the pound on the amount of his unsecured liabilities has arisen from cir cumstances for which he cannot justly be held responsible : (b) That the bankrupt has omitted to keep such books of account as are usual and proper in the business carried on by him. 102. when unable to (A) As to the seriousness of this offence.152 THE PRINCIPLES OF BANKEUPTCY. 8 Mor. see Ex p. or by culpable neglect of his business affairs : ig) That the bankrupt has put auy of his creditors to unnecessary expense by a frivolous or vexatious defence to any action properly brought against him : (h) That the bankrupt has within three months preceding the date of the receiving order incurred unjustifi able expense by bringing a frivolous or vexatious action : (i) That the bankrupt has within three months preced ing the date of the receiving order. 19 Q. 17 Q. 213 . and as sufficiently disclose his business transactions and financial position within the three years immediately preceding his bank ruptcy (h) : (c) That the bankrupt has continued to trade after know ing himself to be insolvent : (d) That the bankrupt has contracted any debt provable in the bankruptcy without having at the time of contracting it any reasonable or probable ground of expectation (proof whereof shall lie on him) of being able to pay it : (e) That the bankrupt has failed to account satisfactorily for any loss of assets or for any deficiency of assets to meet his liabilities : (/) That the bankrupt has brought on. Reed and Bowen. Campbell. . B. 244. D. chap.

though that creditor would probably in the bankruptcy administration get a similar preference : In re Bryant. (6) Notice of the appointment by the Court of the day for hearing the application for discharge shall be published in the prescribed manner. 81). (4) For the purposes of this section. 238a. D. . 235—244b. or with due care in realisation might have realised. an amount equal to ten shillings in the pound on his unsecured liabilities. and a report by the official receiver or the trustee shall be primd facie evidence of the amount of such liabilities. ()») See Rs. 420. (A) and (!) were not in section 28 of the B. At the hearing the Court may put such questions to the debtor and receive such evidence as it may think fit. 285. and may apply to a transaction which could not he set aside under that section : In re SJcegg. 48 (p. A. B. (Z) The bankrupt must give notice of his intention to dispute any statements in the report: R. and the Court may hear the official receiver and the trustee. 26 Q. 1883. B. (1895) 1 Q. given an undue chap. (5) For the purposes of this section. a bankrupt's assets shall be deemed of a value equal to ten shillings in the pound on the amount of his unsecured liabilities when the Court is satisfied that the property of the bankrupt has realised. part of (/). (i) Undue preference has a wider meaning than fraudulent preference referred to in s. A creditor must give notice of his intention to oppose on grounds other than those mentioned in the Official Receiver's report : R. It is an undue preference where an insolvent debtor on the eve of his bankruptcy pays a creditor in full. and sent fourteen days at least before the day so appointed to each creditor who has proved. (k) Paragraphs (a). 238a. DISCHARGE OF THE BANKRUPT. or is likely to realise. the report of the official receiver shall be pnmd facie evidence of the state ments therein contained (I). or made a composition or arrangement with his creditors : (I) That the bankrupt has been guilty of any fraud or fraudulent breach of trust (&). XI. 153 pay his debts as they became due. preference to any of his creditors (i) : (j) That the bankrupt has within three months preced ing the date of the receiving order incurred liabili ties with a view of making his assets equal to ten shillings in the pound on the amount of his unse cured liabilities : (k) That the bankrupt has on any previous occasion been adjudged bankrupt. («). and may also hear any creditor (m).

give such assistance as the trustee may require in the realization and distribution of such of his property as is vested in the trustee. " If the settlor is adjudged bankrupt or compounds or arranges with his creditors. of the kind mentioned in s. the bankrupt's order of discharge may be refused or suspended.XI. as the case may be. and it appears to the Court that such settlement. the Court may either grant or refuse an absolute order of discharge. sideration of marriage where the settlor is not at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement . " In either of the following cases . revoke his discharge. or granted only subject to conditions. . (8) A discharged bankrupt shall. or refuse to approve a composition or arrangement." Analysing the above two sections we find :— (a) Generally. CHAP. or contract was made in order to defeat or delay creditors. and the Court may also. Fraudulent Ail X_ (1) X " In the case of a settlement made before and in con- settlements. that is to say. (7) The powers of suspending and of attaching conditions to a bankrupt's discharge may be exercised concurrently (n). or grant an order subject to conditions. 29. 277. which is as follows :— S. and if he fails to do so he shall be guilty of a contempt of court . if he has executed a settlement. but without prejudice to the validity of any sale. or suspend the opera- (») This could not be done formerly: In re Huggim. B. 22 Q. or payment duly made or thing duly done subsequent to the discharge but before its revocation. or (2) " In the case of any covenant or contract made in con sideration of marriage for the future settlement on or for the settlor's wife or children of any money or property wherein he had not at the date of his marriage any estate or interest (not being money or property of or in right of his wife) .154 THE PRINCIPLES OF BANKRUPTCY. or made a covenant or contract. 29. Again. covenant. D. in like manner as in cases where the debtor has been guilty of fraud. the Court may refuse or suspend an order of dis charge. notwithstanding his dis charge. or was unjustifiable having regard to the state of the settlor's affairs at the time when it was made. if it thinks fit. disposition.

or grant it ohap. A. . Effect of Order of Discharge. when the bankrupt has committed a misdemeanor under the Bankruptcy Act or the Debtors Act. Exp. —By s. 15 Q. with or without a suspension: (6) The Court shall refuse it. In considering an application for an order of discharge or for the approval of a composition or scheme of arrangement under s. or of any person for any offence against a statute relating to any branch of the public revenue. the Court will have regard to the interests of public morality. to consent to judgment being entered up against him for any balance or part of any balance of the debts provable under the bank ruptcy . 213 . D. or require the bankrupt. B. 51). where the approval of the Court is sought for a composition or scheme (ante. Exp. 138 . or at the suit of the sheriff or other public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence : and he shall not be discharged from such excepted debts unless the Treasury certify in writing their consent to his being dis- (o) In re Badcoek. as a condition of his discharge. or any misdemeanor or felony connected with his bankruptcy : (c) On proof of certain facts the Court shall either refuse the order or suspend it for a period of not less than two years. p. Kearsley. 168. p. D. 3 Mor. 1890 (ante. 52). 30. cf. nor from any debt with which the bankrupt of dlscharSe- may be chargeable at the suit of the Crown. discharge shall not release the bankrupt from any debt on a Effect of order recognizance. It will not be forgotten that the provisions of these sec tions are equally important. 155 tion of the order for a limited time. but an order to the effect lastly here mentioned may under certain circumstances be modified after two years : (d) Where the bankrupt has made a fraudulent or un justifiable marriage settlement. the Court may refuse or suspend the order or grant it subject to conditions. 3 of B. 30. or until a dividend of not less than ten shillings in the pound has been paid to the credi tors. except for special reasons. DISCHARGE OF THE BANKRUPT. xl subject to conditions. " An order of S. 18 Q. B. Campbell. and not merely to those of the debtor or his creditors (o).

p. XI. A. 1890. 10 of the B. A. 1. charged therefrom. which enacts that " an order of discharge shall not release a bankrupt from any liability under a judgment against him in an action for seduction. or under an affiliation order.156 THE PRINCIPLES OF BANKRUPTCY. (3) " An order of discharge shall be conclusive evidence of the bankruptcy. and in any proceedings that may be instituted against a bankrupt who has obtained an order of discharge in respect of any debt from which be is released by the order. nor from any debt or liability whereof he has obtained forbearance by any fraud to which he was a party (p). D. or was jointly bound or had discharge. and of the validity of the proceedings therein. 52). (?) Cf. 1890. (r) Heather v. A. . 2 of the above section is now modified by s. or any person who was surety or in the nature of a surety for him. 3 (12). (2) "An order of discharge shall release the bankrupt from all other debts provable in bankruptcy [see below]." An order of discharge shall not release any person released by who at the date of the receiving order was a partner or bankrupt's order or co-trustee with the bankrupt. the bankrupt may plead that the cause of action occurred before his discharge. made any joint contract with him." The like provision applies to a composition or scheme of arrangement (q). Under the late Act it was held that an order or certificate 1869. P. and will apply to a case where one partner is innocent of a fraud or fraudulent breach of trust committed by his co-partner: see Cooper v. dis of discharge was a good defence to an action for a debt charge in bankruptcy or provable in a bankruptcy or liquidation. 62. Webb. Under B. 351 (under B. or under a judgment against him as a co-respondent in a matrimonial cause. B. p. CHAP. It has already been stated that the persons mentioned in sub-s. A. except to such an extent and under such conditions as the Court expressly orders in respect of such liability. 1869. An order of discharge shall not release the bankrupt from any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party. B. D. ante. Prichard. 1869). S. and may give this Act and the special matter in evidence. A. though the debtor liquidation by made a subsequent promise to the creditor to pay the debt arrangement was a good from which he was so discharged (r) : and though the creditor (p) The words in italics were not in the B. 2 C. Persons not (4). 11 Q. 4 are not released by the creditors accepting from the debtor a composition or scheme of arrangement (ante." Sub-s.

xi. 262. 464. But a promise by the debtor. t ax. . in. —It should be remembered that ProPertv- property which a bankrupt has at the commencement of his bankruptcy vests absolutely in the trustee . (t) Jakemanv. P.defence to tion. are valid against the trustee (w). was not pay it for fresh •jji-j it. Barrow. . even though there were a iresh considera- . («) Ex p. It is submitted that these decisions are wnen mad. debtor. considered valid. B. to pay him his debt in full. (u>) Cohen t. for a fresh considera. but everywhere else. as all the bankrupt's property. Mitchell.. Corrie. whilst the ^J^mentto composition was unpaid. Lastly. . -j consideration. 4 Q. D. D.e b? i . D. and was in tact held inconsistent with good faith to the ment invalid. This decision. to pay a debt from which he was so discharged was provabledebt binding on him (<). 157 knew nothing of the bankruptcy or liquidation proceed. however. M'Henry. of that country. all transactions with a bankrupt after his bankruptcy with any person dealing with him bondfide and for value. DISCHAEGE OF THE BANKEUPT. . 6 C. 295. This is a principle of international law recognised by the comity of nations (v). ings (s). B. E. compounding still binding under the present Acts. An agreement. made by a but not where compounding debtor with one of his creditors. for. Property Acquired by Bankrupt after Bankruptcy After-acquired but before Discharge. an English order of discharge is a bar in an English Court to all debts wherever contracted. D. will be an Mother' UF effectual answer to a claim therefor. other creditors (u). it would be unjust afterwards to allow a foreign creditor to sue him in this country (v).chap. and it has been held. • •! i Such an agree- tion. how ever. that until such intervention. Cook. not only in the Courts countries. r t. and an undischarged bankrupt cannot. passes from him and vests in his trustee. But a discharge of a debt or liability by the law of a country other than that in which the debt arises does not per se relieve the debtor in any other country (v). 18 Ch. in respect of his after-acquired property. 25 Q. 228. abroad as well as here. (v) Ellis v. does not apply in the case of real estate. but property acquired by a bankrupt after the bankruptcy and before his discharge belongs to him until the trustee intervenes . even before the trustee's (») Elmslie v. 4 Ex. whether with or without knowledge of the bank ruptcy. whose 'As a general rule a discharge by the laws of any country ^^^^ of a debt or liability arising in that country (if it extinguishes Effeut 0f orQer the debt or liability and does not merely interfere with the of discharge remedies or course of procedure to enforce it). L. 26.

Beardmore. chap.31. Tivice Bankrupt and no Discharge. Undischarged Bankrupt. Dyson. 72. (z) Reg. 31 enacts. p. 72. convey after-acquired real estate to a bond fide purchaser for value. nor is it necessary to prove that there was an intent to defraud (a). and the provisions of that Act shall apply to proceed ings under this section. See p. D. [x) In re New Land Development Association. XI." To convict a bankrupt under this section it is not necessary that there should be an agreement to give him credit. . (a) Reg. (1894) 2 Q. their discharges. Ex p. 16 Q. meanoi. so as to give a good title to him against the trustee (x). B. (1892) 2 Ch. v. 393 . and may be dealt with and punished as if he for misde. he shall be guilty of a pimTshed as misdemeanor. ante. B. v. if credit has in fact been obtained (z) . (y) In re Clark. as s. 176. had been guilty of a misdemeanor under the Debtors Act. 1869.—The uncertainty which existed as to the respective rights of the two trustees in a case of this kind has been cleared up by a decision of the Court of Appeal in a case which has been already cited (y).158 THE PRINCIPLES OP BANKRUPTCY. 138.intervention. Peters. —It will be desirable for most bankrupts under the Act of 1883 to endeavour to obtain s. B. 636. that " Where an undis- bankruptrSed cnarge(^ bankrupt who has been adjudged bankrupt under obtaining this Act obtains credit to the extent of twenty pounds or extent of 20Z upwards from any person without informing such person may in certain that he is an undischarged bankrupt. (1894) 2 Q.

121. (A). The official receiver or his deputy must as soon as he has Application received notice of his appointment hold a personal interview for order- with the debtor in order to determine whether the estate shall be administered under s. 121). is not likely to exceed £300 (s. new and special procedure. but those relating to the examination and discharge of the debtor are in no way modified. apply. Proceedings after Order.—After the making of the order the provisions of the Act and Rules will. SMALL BANKRUPTCIES: COMMITTAL OF JUDGMENT DEBTORS: DECEASED INSOLVENT DEBTORS. Petition. 121). m. xii. (2) There is no committee of inspection. the estate of a debtor whose property is not chap. but the official receiver may do with the permission of the Board of Trade all that a trustee may do with the permission of the com mittee of inspection (s. CHAPTER XII. The Court will make such order if it is satisfied by affidavit Order for or the official receiver's report that the property of the debtor summary ad- r r r j ministration. subject to certain modifications.—As in the case of ordinary bankruptcies a petition by or against a debtor is the first step. The principal modifications are the following :— (1) If the debtor is adjudged bankrupt the official receiver is the trustee. whereupon the bankruptcy proceeds as if the order had not been made (s. 121 (Rule 324). By s. He may then apply for an order for summary administration (R. 272). but the creditors may by special resolution resolve that some other person than the official receiver may be appointed trustee. . likely to exceed £300 may be ordered to be wound up by a s. Summary Administration where Debtor's Property NOT LIKELY TO EXCEED £300. 121).

(5) All questions are determined by the Court without a jury (R. 273 (5) ). (14) A lease may be disclaimed without leave of the Court. (12) Six months are allowed for the declaration and dis tribution of a dividend (R. or if the official receiver satisfies the Court that the debtor has absconded. and if a quorum is not present. 273 (7) ). (6) If no proposal for a composition or scheme is lodged with the official receiver within the time specified in s. and where practicable distributed in one dividend (R. held in the town or place in which the Court usually holds its sittings. 320 (1) ). (11) Notices of sittings of the Court. 273 (1) ). xii. 273 (8) ). are not sent to creditors whose debts do not exceed £2 (R. unless the official receiver for special reasons otherwise determines. (8) All payments. (7) If during or at the end of the public examination the Court thinks that a composition or scheme ought not to be sanctioned by reason of the debtor's conduct. (10) Meetings are. are to be made into and out of the Bank of England (R.160 THE PRINCIPLES OF BANKRUPTCY. and is fixed by R. (13) The estate must be realized with all despatch. and No. 3 of the B. 1890. or in which the office of the official receiver is situate (R. . 273 (9. or on any other day fixed by the official receiver. (3) The scale of solicitor's costs is lower. 273 (6) ). (9) The first meeting may be held on the day appointed for the public examination. 273 (12) ). 1 of the Scale of Costs. it may adjudge him bankrupt (R. or created any charge or mortgage upon the lease (R. 112 (2). unless the Board otherwise orders. 273 (13) ). 11) ). chap. or such time thereafter as the official receiver may fix. A report by the official receiver under this paragraph is primd facie evidence of the facts stated therein (R. the Court may adjudge the debtor bankrupt. 273 (3) ). or that he does not intend to propose a composition or scheme or that he proposes one not reasonable or calculated to benefit the creditors. 273 (4) ). A. where the bankrupt has not sublet the demised premises or any part thereof. or of meetings. it will not be necessary to adjourn the meeting (R. (4) There is no advertisement in a local paper unless the Board of Trade otherwise directs (R. other than first meetings.

instalments. 122. (2) " The order shall not be invalid by reason only that the total amount of the debts is found at any time to exceed fifty pounds. at the request of any creditor. . Court and the debtor is unable to pay the amount forthwith. ' . p. 122 . . 0. 122. . the County Court may make an 0f order for order providing for the administration of his estate. 259..B. A great boon has by the Act of 1883 been conferred on debtors whose indebtedness does not exceed £50. the County Court may. Power for^ ^ and alleges that his whole indebtedness amounts to a sum to ma^e ad- not exceeding fifty pounds. and sub ject to any conditions as to his future earnings or income which the Court may think just. it would be inconvenient that that Court should administer the estate. Administration Orders under S. 122. the County Court may make an administration order under s. secondly. but the R. and. 161 (B). . 122 is as follows (6) :— (1) " Where a judgment has been obtained in a County S. r. In the first place. order insteac the judgment is obtained. when judgment has been obtained in a county court against a debtor. and for pay"}611* \J r ° . and that his whole indebtedness amounts to a sum not exceeding £50. XII. (3) " Where. and he alleges that he is unable to pay the amount forthwith. 358. ADMINISTRATION ORDERS UNDER S. 122. he shall. the payment of his debts by instalments or otherwise.) under s. set aside the order. . (A. See Rs. R. it shall cause a certificate of the judgment to be forwarded to the County Court in the district of which the debtor or the majority of the creditors resides or reside. CHAP. S. and ■either in full or to such extent as to the County Court under the circumstances of the case appears practicable.. (4) "Where it appears to the registrar of the County Court that property of the debtor exceeds in value ten pounds. in the opinion of the County Court in which the judgment is obtained. but in such case. and without fee issue execution against the debtor's goods. and thereupon the latter County Court shall have all the powers which it would have under this section had the judgment been obtained in it. post. inclusive of the debt for which mimstratl0n . the Court has a like power where an application is made to commit a judgment debtor whose liabilities do not oxceed £50 (a). if it thinks fit. M .

stay the proceedings. and such costs may. he shall. and sent to every creditor notified by the debtor.162 THE PRINCIPLES OF BANKRUPTCY.household goods. and any County Court or Inferior Court in which proceedings are pending against the debtor in respect of any such debt shall. on proof of his debt before the registrar shall be entitled to be scheduled as a creditor of the debtor for the amount of his proof. unless the contrary is proved. on receiving notice of the order. except with the leave of that County Court. be deemed to have had since the date of the order the means to pay the sum in respect of which he has made default. and then in liquidation of debts in accordance with the order. next in satisfaction of the costs of administra tion (which shall not exceed two shillings in the pound on the total amount of the debts). . and be posted in the office of the County Court of the district in which the debtor resides. 259. (7) " The order shall be carried into effect in such manner as may be prescribed by general rules. (10) " Any creditor of the debtor. and to have refused or neglected to pay the same. but may allow costs already incurred by the creditor. and the tools and implements of his trade to the value in the aggregate of twenty pounds. or to the manner in which payment is directed to be made by instalments : post. shall. on proof of his debt before . and on such terms as that Court may impose . (8) " Money paid into Court under the order shall be appropriated first in satisfaction of the costs of the plaintiff in the action. wearing apparel. on application. be added to the debt notified. and bedding of the debtor or his family. (6) " If the debtor makes default in payment of any instalment payable in pursuance of any order under this section. p. shall to that extent be protected from seizure. (11) " Any creditor may in the prescribed manner object to any debt scheduled. or who has proved. (12) "Any person who after the date of the order becomes a creditor of the debtor. (9) " Notice of the order shall be sent to the registrar of County Court judgments. (5) " When the order is made no creditor shall have any remedy against the person or property of the debtor in respect of any debt which the debtor has notified to a County Court.

and the debtor shall be discharged from his debts to the scheduled creditors. be scheduled as a creditor of the debtor for the chap. p. In such case the judg ment debtor shall be deemed to have committed an act of bankruptcy at the time the order is made (d) : but if the debtor is proved to have committed any previous act of bankruptcy. 1869. 253 . not being a judgment creditor. amount of his proof. 5 of the Debtors Act. decline to commit. ADMINISTRATION ORDEBS UNDEE S. and Orders. 103. the order shall be superseded. under s. the S. the Court may. Rs. if it thinks fit. and the costs of the plaintiff and of the administration. and see Debtors Act. 5. O. then the bankruptcy shall have relation back to and commence at the time of the first of the acts of bank- (c) See R. for the committal of a judgment debtor. 355. applica tion is made by a judgment creditor to a Court having bankruptcy jurisdiction. M 2 . 122. 103 (4) ). (A. (d) S. 5 of the Debtors Act. with the consent of the judgment creditor. 5 of the Debtors Act. and C. 103. Where. pp. and in lieu thereof. 259. With regard to the committal of judgment debtors. 163 the registrar.) p. s. 1889.) (C). infra. Xii. shall count as a plaint. but shall not be entitled to any divi dend under the order until those creditors who are scheduled as having been creditors before the date of the order have been paid to the extent provided by the order. pott. post. 1869. See Rs. Lord Chancellor may make (and he has made) an order that the powers and jurisdiction of the High Court under s. 263. Rules. 264. Committal of Judgment Debtors. 355—362. 1869. and on payment by him of the prescribed fee. may be assigned to and vested in the Bankruptcy Judge (c) : and County Courts within the jurisdiction of which a judgment debtor is or resides have now jurisdiction under s. (14) "In computing the salary of a registrar under the County Courts Acts every creditor scheduled. though the amount of the judgment debt may exceed £50 (s. C. make ^receiving order against the debtor." (Cf. (13) "When the amount received under the order is sufficient to pay each creditor scheduled to the extent thereby provided.

be exercised only subject to the following restrictions . according to the prescribed rules. A. that is to say. ruptcy proved to have been committed by the debtor within three months next preceding the date of the order. 1869 :— Snving of 5. in the case of any Court other than the superior Courts of Law and Equity. make an administration order under s. (a) Be exercised only by a judge or his deputy. Proof of the means of the person making default may be given in such manner as the Court thinks just . the Court may. and to the pre power of com scribed rules. p. any Court may commit to prison for a term not exceed mittal for ing six weeks. Where an application to commit is made to a County Court. (/) R. (c) Be exercised only as respects a judgment of a County Court by a County Court judge or his deputy. . and s. and by an order made in open Court and showing on its face the ground on which it is issued : (6) Repealed. and for the purposes of such proof the debtor and any witnesses may be summoned and examined on oath. or otherwise. For the purposes of this section.164 THE PRINCIPLES OF BANKRUPTCY. or until payment of the sum due. Provided—(1). if it thinks that an order for committal ought not to be made. default in payment of any debt or instalment of any debt due from him in pursuance of any order or judgment of that or any other com petent Court. any person who makes small debts. 20. 122 of the Act in lieu of making a receiving order (/). any Court may direct any debt due from any person in pursuance of any order or judgment of that or (e) B. 5 of the Debtors Act. and has refused or neglected or refuses or neglects. 161. and it appears to the Court that the total liabilities of thejudgment debtor do not exceed fifty pounds. (2) That such jurisdiction shall only be exercised where it is proved to the satisfaction of the Court that the person making default either has or has had since the date of the order or judgment the means to pay the sum in respect of which he has made default. The following are the provisions of s. 358: see ante. Any jurisdiction by this section given to the superior Courts may be exercised by a judge sitting in Chambers. Subject to the provisions hereinafter mentioned. in the pre scribed manner. 1890. s. to pay the same. That the jurisdiction by this section given of com mitting a person to prison shall. 48 of the principal Act shall apply as if the debtor had been adjudged bankrupt on a bankruptcy petition presented at the date of the receiving order (e).

in the same manner as if such imprisonment had not taken place. unless the Court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased. in the prescribed manner. and executed in the like manner as such writ. shall be deemed to be substituted for sections ninety-eight and ninety-nine of the County Court Act. which is now repealed. and every order of com mittal by any superior Court shall. Deceased Insolvent Debtors. or chattels of the person imprisoned. 125. no order of administration could be made under s. By that section— (1) " Any creditor of a deceased debtor whose debt would S. time to time rescind or vary such order. Any person imprisoned under this section shall be discharged out of custody upon a certificate signed in the prescribed manner to the effect that he has satisfied the debt or instalment of a debt in respect of which he was imprisoned. (3) " By sub-section 3. 125 until the expi- . so far as it relates to any County Court. 1846. 165 any other competent Court to be paid by instalments. Persons committed under this section by a superior Court may be committed to the prison in which they would have been confined if arrested on a writ of capias ad satisfaciendum. or may upon cause shown dismiss such petition with or without costs. An entirely new procedure has been introduced by s. make an order for the administration in bankruptcy of the deceased debtor's estate. together with the prescribed costs (if any). goods. (2) " Upon the prescribed notice being given to the legal personal representative of the deceased debtor. according to the Law of Bankruptcy. 125. be issued. whereby the estates of persons dying insolvent may be administered in bankruptcy. may present to the Court a ^ estateaf*^ petition in the prescribed form praying for an order for the person dying administration of the estate of the deceased debtor. This section. obeyed. had he been alive. upon proof of the petitioner's debt. and may from CHAP. and shall extend to orders made by the County Court with respect to sums due in pursuance of any order or judgment of any Court other than a County Court. the Court may. subject to the prescribed rules. or deprive any person of any right to take out execution against the lands. (D). XII. and that Act and the Acts amending the same shall be construed accordingly. No imprisonment under this section shall operate as a satisfaction or extinguishment of any debt or demand or cause of action. COMMITTAL OF JUDGMENT DEBTORS. have been sufficient to support a bankruptcy petition against Administration such debtor.

the official receiver shall have regard to any claim by the legal personal repre sentative of the deceased debtor to payment of the proper funeral and testamentary expenses incurred by him in and about the debtor's estate.Ss. but an order may now be made without such concurrence or proof (B. and the last-mentioned Court may make a transfer without a creditor's application whenever it is satisfied that the estate is insufficient to pay its debts : B. relating to the admi nistration of the property of a bankrupt. (7) " In the administration of the property of the deceased debtor under an order of administration. c. . [J. 37-65. 1888 (51 & 52 Vict. and] (g) on proof that the estate is insufficient to pay its debts. out of the debtor's estate. on the application of any creditor. make an order for the administration of the estate of the deceased debtor. Ss. transfer the proceedings to the Court exercising jurisdiction in bank ruptcy. shall. unless the legal personal representative of the deceased debtor concurred. but that Court may [in such case. xii. 29. 3 of that Act. as trustee thereof.e. and thereupon such last-mentioned Court may.166 THE PRINCIPLES OF BANKRUPTCY. (5) "Upon an order being made for the administration of a deceased debtor's estate. and be payable in full. 21 (1). 1890. in the prescribed manner. apply to the case of an administration order under this section in like manner as to an order of adjudication under this Act. ration of two months from the date of probate or letters of administration. 62) : see ss. and such claims shall be deemed a preferential debt under the order. chap. so far as the same are applicable. 2.ne provisions 0f part HI. (4) " A petition for administration under this section shall not be presented to the Court after proceedings have been commenced in any Court of justice for the administration of the deceased debtor's estate. and he shall forthwith proceed to realise and distribute the same in accordance with the provisions of this Act. 21 (2). 0f this Act. and the like consequences shall ensue as under an administration order made on the petition of a creditor. Ss. all cf. (g) The words within [ ] are now repealed. in priority to all other debts (h). (6) "With the modifications hereinafter mentioned. 54. 29). 1890. A. A. (A) This sub-section is not affected by the Preferential Payments in Bankruptcy Act. or unless the petitioner proved an act of bankruptcy committed by the deceased within three months prior to his decease.] j. p. the property of the debtor shall vest in the official receiver of the Court.

21 of the B. 'creditor' means one or more creditors qualified to present a bankruptcy petition. may be made in the same manner and to the like effect and extent as in bankruptcy " (i). A. in pur suance of the above section and s. for carrying into effect the provisions of this section. DECEASED INSOLVENT DEBTOES. or dealt with in such other manner as may be prescribed. after payment in full of all the debts due from the debtor. Lastly. 21 (3) ). any surplus remains in the hands of the official receiver. (10) "Unless the context otherwise requires. s. in cases of administration in bankruptcy. in the event of an order for adminis tration being made thereon. A. be served on each executor who has proved the will. 274—279a. be deemed to be equivalent to notice of an act of bankruptcy. on the administration of a deceased debtor's estate. as in this Act provided. means the Court within the jurisdiction of which the debtor resided or carried on business for the greater part of the six months immediately prior to his decease . or on each person who has taken out letters of adminis tration (fc). the petition should.' in this section. . (11) " General rules. (9) "Notice to the legal personal representative of a deceased debtor of the presentation by a creditor of a petition under this section shall. By the Rules. 1890. apply to trustees and committees so appointed (B. chap. If an administration order be made. 1890. and after such notice no payment or transfer of property made by the legal personal representative shall operate as a discharge between himself and the official receiver . (*) Es. and the provisions of the Acts relating to trustees and committees. such surplus shall be paid over to the legal personal representative of the de ceased debtor's estate. ' Court. 274 -279a. xn. save as aforesaid nothing in this section shall invalidate any payment made or any act or thing done in good faith by the legal personal representative before the date of the order for administration. together with the costs of the administration and interest as provided by this Act in case of bankruptcy. 167 (8) " If. the creditors have the same powers as to the appointment of trustees and committees of inspection as they have in other cases where the estate of a debtor is being administered or dealt with in bankruptcy. the executor (•) Es. unless the Court other wise directs.

has been held not available in the case of an administration order under s. D. or an executor de son tort. 27. which is in Part I. 125 (n). Cf. and previous note. that. 85. 121 is. . D. to- apply (I). 19 Q. 274—279a. Ss. discretionary. See ante. but s. (n) In re Gould. p. 1890. in general. 15 Q. (o) In re Baker. 159. The power to transfer proceedings under sub-section 4 is. which rights. (t) E.. and s. but might ba taken away by a transfer to a Court exercising bankruptcy jurisdiction. B. 37 to 65. Where the property is not likely to exceed in value £300. '■• or administrator. 279a.. before 1890.168 THE PEINCIPLES OF BANKRUPTCY. is not a ground for such transfer (o). of the Act. 262. s. tup-. 47. The circumstance that the executor has a right of retainer and the liberty not to. is not applic able to cases under s. which deals with voluntary settlements. 44 Ch. D. and which enables an official receiver or trustee to examine witnesses. s. A. Sub-section 6 incorporates Part III. 21 (3). would be recognised in the Chancery Division. p. B. 5 (16) of the B. and will not necessarily be ordered where the: estate is shown to be insolvent (o). 85. 92. however. bn) In re Hewitt. 125 (m). It has also been held. s. Ik) Es. that is. must furnish the official receiver with an account of his dealings with the estate and other particulars (k). ante. plead the Statute of Limitations to a debt.

^J^™™ & perty. 163. Debtors Act. Lastly. contains a list of chap." the words. D. 26) (c). will have effect as if there were substituted therein for the words " if within four months next before the presentation of a bankruptcy petition against him " the words " if within four months next before the presentation of a bankruptcy petition by or against him. A. relating to the punishment of fraudulent Extension of debtors and imposing a penalty for absconding with pro. for the words " if after the presentation of a bankruptcy debtorfX°S petition against him. of the Debtors Act. c. the provisions of the Debtors Act. (c) This will overrule In re Burden. it is provided that Ss. or in case of a receiving order made under s. 103 of the Bankruptcy Act. 149. 1869. 1883. 21 Q. 1869. in respect of whose estate a receiving order has been made. As the provisions of that Act are of considerable importance. necessary. 1869. (a) S. . whether a trader or not. Again. in the first place. PUNISHMENT OF FRAUDULENT DEBTORS. s. 1890.xiii. as if the term "bankrupt" in that Act included a person in respect of whose estate a receiving order had been made (b). before the date of the order" (B. 163. are to have effect as if there were substituted therein 33 Vict. 11 and 12 of the s. 149. 62. 1883 (a). Part II. are to be construed and have effect as if they were made to the Bankruptcy Act. offences by fraudulent debtors. however. s. 1869. as to offences by bankrupts are to apply to any person. B. 24. a few of the principal sections are in this chapter given in full. Parliament to the Bankruptcy Act. " if after the presentation of a bankruptcy petition by or against him " (6). CHAPTER XIII. (i) S. 11 of the Debtors Act 1869. to bear in mind that references in an Act of s. Secondly. For the proper understanding of these sections it is.

shall. or writing affecting or relating to his property or affairs. p. and writings in his custody or under his control relating to his property or affairs. Ss. or within four months next before such presentation or commencement. and which he is required by law to deliver up. and any person whose affairs debtors™* *** liquidated by arrangement in pursuance of the Bankruptcy Act. 11 and 12 of the Debtors Act are as follows :— Punishment of s. chap. all books. be deemed guilty of a misdemeanor. and for what consideration. in each of the cases following. and how. real and personal. and on conviction thereof shall be liable to be im prisoned for any time not exceeding two years.170 THE PRINCIPLES OF BANKRUPTCY. and when he disposed of any part thereof. (1) If he does not. 1869. to the best of his knowledge and belief. document. with or without hard labour . he conceals any part of hi3 property to the value of ten pounds or upwards. or laid out in the ordinary expense of his family. or as he directs. unless the jury is satisfied that he had no intent to defraud : (5) If after the presentation of a bankruptcy petition against him (d) or the commencement of the liquidation. unless the jury is satisfied that he had no intent to defraud : (7) If. (4) If after the presentation of a bankruptcy petition against him (d) or the commencement of the liquidation. all such part of his real and personal property as is in his cus tody or under his control. and to whom. or conceals any debt due to or from him. documents. he fraudulently removes any part of his property of the value of ten pounds or upwards : (6) If he makes any material omission in any statement relating to his affairs. he prevents the production of any book. that is to say. . fully and truly discover to the trustee administering his estate for the benefit of his creditors all his property. unless the jury is satisfied that he had no intent to defraud : (2) If he does not deliver up to such trustee. papers. unless the jury is satisfied that he had no intent to defraud : . Any person adjudged bankrupt. 11. or as he directs.xiii. paper. or within four months next before such presentation or commencement. he fail for the period of a month to inform such trustee as aforesaid thereof : (8) If after the presentation of a bankruptcy petition against him (d) or the commencement of the liquidation. unless the jury is satis fied that he had no intent to conceal the state of his affairs or to defeat the law : (d) See ante. knowing or believing that a false debt has been proved by any person under the bankruptcy or liquidation. 169. unless the jury is satisfied that he had no intent to defraud : (3) If he does not deliver up to such trustee. except such part as has been disposed of in the ordinary way of his trade (if any).

or within four months next before such presentation or commencement. or the commencement of the liquidation. he makes or is privy to the making of any false entry in any book or document affecting or relating to his property or affairs. unless the jury is satisfied that he had no intent to defraud : (16) If he is guilty of any false representation or other fraud for the purpose of obtaining the consent of his creditors or any of them to any agreement with reference to his affairs or his bankruptcy or liquidation. p. or disposes of otherwise than in the ordinary way of his trade any property which he has obtained on credit and has not paid for. under the false pre tence of carrying on business and dealing in the ordinary way of his trade. or making any omission in any document affecting or relating to his property or affairs : (12) If after the presentation of a bankruptcy petition against him (e) or the commencement of the liquidation. mutilates. or makes any omission. obtains. he. 169. unless the jury is satisfied that he had no intent to defraud : (15) If within four months next before the presentation of a bank ruptcy petition against him (e) or the commencement of the liquidation. or is privy to the fraudulently parting with. any property on credit and has not paid for the same. unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law : (11) If after the presentation of a bankruptcy petition against him (e) or the commencement of the liquidation. he attempts to account for any part of his property by fictitious losses or expenses : (13) If within four months next before the presentation of a bank ruptcy petition against him (e) or the commencement of the liquidation. or is privy to the concealment. he. or within four months next before such presentation or commencement. destroys. PUNISHMENT OF FRAUDULENT DEBTORS. altering. he fraudulently parts with. or falsifies. alters. mutilation. or at any meeting of his creditors within four months next before such pre sentation or commencement. or falsification of any book or document affecting or relating to his property or affairs. pawns. he conceals. XIII. being a trader. he. or within four months next before such presentation or commencement. («) See ante. by any false representation or other fraud has obtained any property on credit and has not paid for the same : (14) If within four months next before the presentation of a bank ruptcy petition against him (e) or the commencement of the liquidation. being a trader. 171 (9) If after the presentation of a bankruptcy petition against him (e) CHAP. . unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law : (10) If after the presentation of a bankruptcy petition against him (e) or the commencement of the liquidation. destruction. pledges.

172 THE PRINCIPLES OF BANKRUPTCY. or any proof. A. declaration. or with property. by the Debtors Act. s. quits England and takes with him. 1869 (see ante. 1869. 12. 169). Further. with intent to defraud his creditors. any part of his property to the amount of twenty pounds or upwards. 15 Cf. (1) If in incurring any debt or liability he has obtained credit under false pretences. S. with or without hard credit. labour . p. 169). By s. p. made or caused to be made any gift. or attempts or makes preparation for quitting England and for taking with him. 1883 ante. with or without hard labour. 3 (12) of B. 266. &c. provided the defrauded creditor has not assented to the arrangement or composition otherwise than by proving his debt and accepting dividends (i). 1869 demeanor. or whereof before the date of the arrangement or composition he obtained forbearance. 13. that is to say. (t) Debtors Act. he shall (unless the jury is satisfied. D. which may be committed by an undischarged bank rupt. Debts incurred Where a debtor makes any arrangement or composition with his by fraud. See also In re Crosley. A. and which is punishable as an offence under the Debtors Act. 1869 :— Penalty on Any person shall in each of the cases following be deemed guilty of fraudulently a misdemeanor. a new misdemeanor has been created. and on conviction thereof shall be liable to be im obtaining prisoned for any time not exceeding one year. by any fraud. 14. with intent to defraud his creditors. p. wilfully and with intent to defraud makes any false claim. s. with or without hard labour (h). he shall remain liable for the unpaid balance of any debt which he incurred or increased. 19 of B. If any creditor in any bankruptcy or liquidation by arrangement or &c. CHAP.XIII. punishable with imprisonment for a time not exceeding two years. 158). he shall be guilty of a misdemeanor. punishable with imprisonment not exceeding one year. or any of them. False claim. 55. which ought by law to be- divided amongst his creditors. (see ante. p. 52. 1890. 169. (A) Debtors Act. . or by means of any other fraud : (2) If he has. a mis composition with creditors in pursuance of the Bankruptcy Act. creditors under the provisions of the Bankruptcy Act. 35 Ch. delivery. concealed or removed any part of his property since or within two months before the date of any unsatisfied judgment or order for pay ment of money obtained against him (g). 31 {ante. (f) See ante. or statement of account which is untrue in any material particular. or transfer of or any charge on his property : (3) If he has. ands. (g) Debtors Act. that he had no intent to defraud) be guilty of felony. s. within four months before such presentation or commencement. s. pp. If any person who is adjudged bankrupt or has his affairs Penalty for liquidated by arrangement after the presentation of a bankruptcy absconding petition against him (/) or the commencement of the liquidation.

PUNISHMENT OF FRAUDULENT DEBTORS. 173

Where a trustee in any bankruptcy (k) reports to any Court exer- CHAP. XIII.
cising jurisdiction in bankruptcy that in his opinion a bankrupt has Order by Court
been guilty of any offence under this Act, or where the Court is satis- for prosecution
fied upon the representation of any creditor or member of the com- on report of
mittee of inspection that there is ground to believe that the bankrupt *rustee-
has been guilty of any offence under this Act, the Court shall, if it
appears to the Court that there is a reasonable probability that the
bankrupt may be convicted, order the trustee (k) to prosecute the
bankrupt for such offence (J).
17. Where the prosecution of the bankrupt under this [i.e., the Expenses of
Debtors] Act is ordered by any Court, then, on the production of the prosecutions,
order of the Court, the expenses of the prosecution shall be allowed,
paid, and borne as expenses of prosecution for felony are allowed,
paid and borne.
Committal and Prosecution of the Debtor. —Where S. 165.
there is, in the opinion of the Court, ground to believe that Power for
the bankrupt, or any other person has been guilty of any mi^for^trkL'
offence which is by statute made a misdemeanor in cases of
bankruptcy, the Court may commit the bankrupt or such
other person for trial.
For the purpose of committing the bankrupt or such other
person for trial, the Court shall have all the powers of a
stipendiary magistrate as to taking depositions, binding over
witnesses to appear, admitting the accused to bail, or other
wise, but nothing herein shall be construed as derogating
from the powers or jurisdiction of the High Court (m).
Where the Court orders the prosecution of any person for s. 166.
any offence under the Debtors Act, 1869, or Acts amending Public pro-
it, or for any offence arising out of or connected with any ^""ertein *"*
bankruptcy proceedings, it shall be the duty of the director cases,
of public prosecutions to institute and carry on the pro
secution (n).
A debtor guilty of any criminal offence is not exempt from s. 167.
being proceeded against therefor by reason that he has Criminal
obtained his discharge or that a composition or scheme of ^charge or
arrangement has been accepted or approved (0). composition.
{k) By S. 164 this now includes "official receiver," and the section applies S. 164.
also to offences under the B. A. 1883.
(I) Debtors Act, s. 16. As to report by official receiver, see R. 333. An
order under this section will not protect the trustee from an action for malicious
prosecution, for he may have been guilty of malice: Mittens v. Foreman, 58
L. J. Q. B. 40.
(m) S. 165.
¥) S.S. 166.
(0) 167.

CHAPTER XIV.

APPEALS.
CHAP. XIV. By s. 104, every Court having jurisdiction in bankruptcy
S. 104. under this Act may review, rescind, or vary any order made
Appeals in by it under its bankruptcy jurisdiction (a).
bankruptcy. This jurisdiction can only be exercised by the tribunal
which makes the order, and so a County Court Judge cannot
review an order made by the registrar (fc).
Orders in bankruptcy matters are, at the instance of any
person aggrieved, subject to appeal as follows :
From High An appeal shall lie from the order of the High Court to
Court. the Court of Appeal :
From Court of An appeal shall, with the leave of the Court of Appeal,
Appeal. but not otherwise, lie from the order of that Court to the
House of Lords (a) :
When leave Leave to appeal to the House of Lords will not be granted
will be given
to appeal to unless the question involved is one of law or equity, and also
House of of sufficient difficulty or importance to merit a review by the
Lords.
highest tribunal (c).
From County An appeal shall lie from the order of a County Court to a
Court.
Divisional Court, of which the Judge to whom bankruptcy
business shall for the time being be assigned shall for the
purpose of hearing any such appeal be a member. The
decision of such Divisional Court upon any such appeal
shall be final and conclusive, unless in any case it shall seem
fit to the said Divisional Court or to the Court of Appeal to
give special leave to appeal therefrom to the Court of
Appeal, whose decision in such case shall be final and con
clusive (d). The notice of appeal from a County Court
should state the grounds of the appeal (e).
(a) S. 104.
(*) In re Maugliam, 21 Q. B. D. 21.
(c) Ex p. Attwater, 5 Ch. D. 27.
\d) Bankruptcy Appeals (County Courts) Act, 1884 (47 Vict. c. 9). As to
interlocutory orders pending appeal, see B. 134a.
(e) Begulations, 18th February, 1890.

APPEALS. 175
A " person aggrieved " has been defined as " a man who chap.xiv.
has suffered a legal grievance, a man against whom a decision Who is a
has been pronounced which has wrongfully deprived him of aJ^°ed " ?
something, or wrongfully refused him something, or wrong
fully affected his title to something" (/). An unpaid
creditor, for instance, may be a person aggrieved by the
granting of an order of discharge to a bankrupt (g).
No appeal will be entertained except in conformity with
such general rules as may for the time being be in force in
relation to the appeal (h).
These rules inter alia provide that, except by leave of the
Court, there shall be no appeal to the Court of Appeal from
any order made by consent, or as to costs only, or relative to
property when the money or money's worth involved does
not exceed £50 (i). And no appeal shall be brought in
respect of the omission by the Court appealed from to
exercise any discretionary power, unless the Court in its
judgment or on application made at the hearing have
expressly refused to exercise such power, in which case the
refusal may be made a ground of appeal (j).
Unless the Court of Appeal under special circumstances
extend the time, no appeal to it from any order of the
Court shall be brought after the expiration of 21 days.
This period is to be calculated from the time at which the
order is signed, entered, or otherwise perfected, or in the
case of a refusal of an application, from the date of such
refusal (Jc).
Appeals from Board of Trade or Official Meceiver.— s. 139.
Where by the Act an appeal to the High Court is given Appeal from
against any decision of the Board of Trade, or of the official or°;^iTrade
receiver, the appeal shall be brought within 21 days from receiver to
the time when the decision appealed against is pronounced Hlgl1 Court-
or made (V).
An appeal is expressly allowed against the Board of Trade

(/) Ex p. Sidebotham, 14 Ch. D. 458 ; Ex p. Official Receiver, In re Reed and
Sowen, 19 Q. B. D. 174 ; In re Lamb, (1894) 2 Q. B. 805.
(y) Exp. Castle Mail Packets Co., 18 Q. B. D. 154.
(A) S. 104: see In re Vitoria, (1894) 1 Q. B. 259.
(») R. 129. As to " Court of Appeal," see E. 3.
if) R. 129.
(*) R. 130: see In re Helsby, (1894) 1 Q. B. 742. As to security for costs o
appeal and other practical points, see Rs. 3, 131—134.
(I) S. 139. See R. 6 (d).

176 THE PRINCIPLES OF BANKRUPTCY.
chap xiv. ^ where it objects to the appointment of a trustee (m), (2)
where it removes a trustee (n), (3) where it grants or with
holds the trustee's release (o), (4) where it refuses to admit
claims on money paid into the Bankruptcy Estates Ac
count (p). An appeal lies against an act or decision of the offi
cial receiver as to his examination, admission, or rejection of
proofs before the appointment of a trustee (q), and so too against
the decision of any chairman of a meeting as to a proof (r).
Appeals from Trustee. —If the bankrupt or a creditor or
any other person is aggrieved by any act or decision of the
trustee, he may appeal (ante, p. 140) ; e.g., an appeal lies
(1) where the trustee pays a sum to the bankrupt's apprentice
or articled clerk (s), (2) against his estimate of a contingent
debt or liability (t), (3) against his decision as to a creditor's
proof (u).
Security for Costs of Appeal to the Court of Appeal.—
A party who appeals to the Court of Appeal must as a rule
deposit £20 in the High Court as security for costs, and
must follow the directions contained in Rs. 129—134.
(m) S. 21, ante, p. 56.
In) S. 86 ; B. A. 1890, s. 19, ante, p. 123.
(o) S. 82 (1), ante, p. 141.
\p) S. 162 (4), ante, p. 118.
(?) Sch. II., r. 27.
()•) Sch. I., r. 14.
(k) S. 41, ante, p. 109.
(<) S. 37, ante, p. 103.
(w) Sch. II., r. 24 : cf. E. 230. The appeal from the rejection of a proof is
to be within 21 days (R. 220), except where a dividend is about to be declared
under the circumstances mentioned in R. 232, when the time is 7 days.

CHAPTER XV.
COSTS.
Generally. —The costs of and incidental to any proceeding chap, xv,
in Court are in the discretion of the Court, provided that Generally,
where any issue is tried by a jury the costs are to follow the S. 105 (l).
event, unless, upon application made at the trial for good
cause shown, the judge shall otherwise order (a). Again,
in the absence of any express direction, the costs of an
opposed motion are to follow the event, and to be taxed as
between party and party (6). The Court has power to
direct that the costs of any matter shall be taxed and paid
as between party and party, solicitor and client, or that full
costs, charges, and expenses shall be allowed, or to award a
lump sum (c). On production of an office copy of an order
directing payment of costs, the taxing-master (or in a County
Court the registrar), will tax them (d).
We have already seen that the costs of solicitors,
managers, accountants, auctioneers, brokers, and others
must be taxed (e), and where the taxation has been by a
County Court registrar, the Board of Trade may require it
to be reviewed by a bankruptcy taxing-master of the High
Court (/).
Official Receiver. —The official receiver's remuneration is
fixed by the Board of Trade with the concurrence of the
Treasury (g). Where, after the presentation of a petition,
the official receiver is appointed interim receiver of the
debtor's property, the person, on whose application the
appointment is made, must deposit with the official receiver
£5, and such further sum as the Court may order for the
expenses of the official receiver (h). The official receiver,
(e) S. 73, ante, p. 126.
(/) E. 124.
(g) S. 128, ante, p. 145.
(d) Es. 110, 111. (A) Rs. 170—175.
R.B. N

178 THE PRINCIPLES OF BANKRUPTCY.
'• on the presentation of a petition by the debtor or by a
creditor, receives a deposit of £5 (i), and where the proceeds,
of the estate will not pay costs necessarily incurred by
the official receiver in excess of the deposit between the
making of a receiving order and the conclusion of the first
meeting, the Court may order his costs to be paid by the
party instituting the proceedings (f).
The official receiver is not to be personally liable for the
costs of an appeal from his decision rejecting a proof (k).
Trustee. —The subject of the trustee's remuneration, costs,
and expenses is elsewhere dealt with (I). A trustee, should
remember that if he makes an unsuccessful application to the
Court against any person, he may be personally liable for
the costs if the assets are insufficient : he should, therefore,
where the estate is small, before making an application the
success of which is doubtful, obtain an indemnity against the
costs from the creditors (m).
Special Managers. —Where a special manager is appointed
and his remuneration is not fixed by the creditors, he is to
be paid according to such scale as the Board of Trade may
from time to time direct (ri).
Witnesses. —Witnesses may be subpoenaed, and their costs
may in the discretion of the Court be allowed whether they
are examined or not, but their allowance for attendance is in
no case to exceed the highest rate of the allowance mentioned
in the official scale of costs (o).
Petitioning and other Creditors, and Debtors.—
All proceedings down to and including the making of a
receiving order are at the cost of the petitioner ; but, when
the receiving order is made, the petitioning creditor's costs,
including the costs of the bankruptcy notice, if any, sued
out by him, are to be taxed and payable out of the proceeds
of the estate in the order of priority prescribed (p ). A
petitioning creditor who is resident abroad, or whose estate
is vested in a trustee under any bankruptcy law, or against
(*) R. 147.
U) R. 183.
(*) R. 231.
(Z) Ante, pp. 125, 126 : Sch. 1., r. 20.
Ex p. Angentein, L. R. 9 Ch. 479. As to where the official receiver acts
as trustee, see In re Dale, 14 Q. B. D. 48 ; In re Galey, 7 Mor. 253. As to
actions against trustee or official receiver, see R. 108 (3).
(«) See s. 12, ante, p. 45 ; R. 343.
(o) Rs. 61—65.
\p) Rs. 125, 183: cf. Rs. 205, 206.

COSTS. 179
whom a petition under the Act is pending, or who has made
default in payment of any costs ordered by any Court to be
paid by him to the debtor, may be ordered to give security
for costs to the debtor (q).
A creditor must bear the cost of proving his debt, unless
the Court otherwise orders, and the costs of amending the
valuation of his security and proof (r).
The costs of summoning a meeting of creditors by any
person other than the official receiver or trustee are to be
paid by the person at whose instance it is summoned, but
the same will be repaid to him out of the estate if the
creditors or the Court so direct (s).
Solicitors. —We have seen that solicitors must, on request
by the trustee, send their costs to be taxed, and the taxing-
master must be satisfied that the solicitors have been duly
employed (t). A solicitor must in his bill of costs give credit
for any sum or security he may have received, as a deposit
for future expenses, from a debtor presenting a petition
against himself (u). There is an official scale of solicitor's
costs, but, subject to the provisions of No. 1 of that scale,
where the estimated assets of a debtor do not exceed £300,
three-fifths only of the ordinary charges are to be allowed,
disbursements being added, and if in error any charges have
been allowed or paid on the higher scale, and the gross pro
ceeds of the assets are found afterwards not to exceed £300,
the excess must be disallowed, and, if paid, repaid to the
trustee (v). This rule, however, only applies to those costs
which are directed by the Act to be paid out of the estate,
e.g., costs paid to the solicitor of the trustee, and it is not
applicable to the costs of proceedings taken against strangers
to the bankruptcy (w) : nor does it apply to conveyancing
business (x).
Appeals. —As we have seen (p. 176), an appellant must
make a deposit of £20, which may be increased^ diminished,
or dispensed with by the Court of Appeal, as security for
(q) B. 148.
r) Sch. II., Es. 6, 13.
(*) It. 254.
If) Ss. 57, 73, ante, pp. 126, 138.
(«) E. 113.
(v) E. 112 (2). Seepost, p. 268. Aa to re-taxation where the assets do not,
as previously estimated, realise more than £100 or £200 respectively, see E.
112a.
(k>) In re Bowson, 21 Q. B. D. 417.
\x) In re Parjitt, 23 Q. B. D. 40.
N 2

180 THE PRINCIPLES OF BANKRUPTCY.
CHAP. xv. costs (y). Except by leave of the Court no appeal is allowed
to the Court of Appeal as to costs only (z). A trustee who
appeals against an order of the Court, and fails, may be
ordered to pay the costs personally (a).
Order of Payment of Costs. —The assets in eveiy matter
remaining after payment of the actual expenses incurred in
their realisation, are, subject to any order of the Court, to
be liable to the payments mentioned in R. 125, and such
payments are to be made in the order of priority mentioned
in that Rule (6).
Joint and Separate Estates. — When the joint estate of
co-debtors is insufficient to pay the costs incurred in respect
thereof, such costs may, under certain circumstances men
tioned in R. 128, be paid out of the separate estates ; and
so also, costs incurred in respect of the separate estates may
be paid out of the joint estate (c).
Scale of Costs. —As to this, see post, p. 268, and ante,
p. 179.
[y) R. 131. Cf. R. 3.
\z) R. 129.
(a) In re Maiden, 3 Mor. 185.
(b) As to administration orders under S. 122, see S. 122 (8), ante, p. 162.

APPENDIX.

[Note. — The marginal notes are added by the Author.']

SCHEDULES.

THE FIRST SCHEDULE. [cf g 15 (2)
Meetings of Creditors. ante> P- 49 •]
[Cf. Es. 249—
1. The first meeting of creditors shall be summoned for a day not 257.]
later than fourteen days after the date of the receiving order, unless SECT. 15.
the Court for any special reason deem it expedient that the meeting be
summoned for a later day.
2. The official receiver shall summon the meeting by giving not less r^f gs 249—
than seven days' notice of the time and place thereof in the London 257.]
Gazette and in a local paper.
3. The official receiver shall also, as soon as practicable, send to each j-gf jjs 249,
creditor mentioned in the debtor's statement of affairs, a notice of the 250 253.] '
time and place of the first meeting of creditors, accompanied by a
summary of the debtor's statement of affairs, including the causes of
his failure, and any observations thereon which the official receiver
may think fit to make ; but the proceedings at the first meeting shall
not be invalidated by reason of any such notice or summary not having
been sent or received before the meeting.
4. The meeting shall be held at such place as is in the opinion of the
official receiver most convenient for the majority of the creditors.
5. The official receiver or the trustee may at any time summon a [Of. Es. 15,
meeting of creditors, and shall do so whenever directed by the Court, 311, 319, and
or so requested in writing by one-fourth in value of the creditors. S. 89, ante,
6. Meetings subsequent to the first meeting shall be summoned by P- 140.]
sending notice of the time and place thereof to each creditor at the [Cf. Es. 249,
address given in his proof, or if he has not proved, at the address 254, 311, 319.]
given in the debtor's statement of affairs, or at such other address as
may be known to the person summoning the meeting.
7. The official receiver, or some person nominated by him, shall be the
chairman at the first meeting. The chairman at subsequent meetings
shall be such person as the meeting by resolution may appoint.
8. A person shall not be entitled to vote as a creditor at the first [Cf. Es. 222,
or any other meeting of the creditors unless he has duly proved a debt 222a, Sch. II.,
provable in bankruptcy to be due to him from the debtor, and the Es. 219—231.]
proof has been duly lodged before the time appointed for the meeting. j-Qf g 37 j
9. A creditor shall not vote at any such meeting in respect of any
unliquidated or contingent debt, or any debt the value of which is not
ascertained.
10. For the purpose of voting, a secured creditor shall, unless he
surrender his security, state in his proof the particulars of his security,
the date when it was given, and the value at which he assesses it, and 1
shall be entitled to vote only in respect of the balance (if any) due to

unless there are present. unless he is willing to treat the liability to him thereon of every person who is liable thereon antecedently to the debtor. but not for the purposes of dividend. [Cf. and tation has been used by or on behalf of a trustee or receiver in obtaining E. but in that case such addition of twenty per centum shall not be made if the trustee requires the security to be given up.'] proxies. but his decision shall be subject to appeal to the Court. he shall mark the proof as objected to and shall allow the creditor to vote. him. II. and for the purposes of voting. In such case the instrument of proxy shall state the relation in which the person to act thereunder stands to the creditor. 17.j a proof for the purpose of voting. It. A creditor shall not vote in respect of any debt on or secured by 233. and the adjournment of the meeting.182 APPENDIX. 11. A meeting shall not be competent to act for any purpose except the election of a chairman. Ss. [Cf. The chairman of a meeting may.A proxy shall not be used unless it is deposited with the (2). Where it appears to the satisfaction of the Court that anysolici- ante. 221. 327. R. he shall be deemed to have surrendered his security.] a current bill of exchange or promissory note held by him. 20. 18. the proving of debts. unless the Court on application is satisfied that the omission to value the security has arisen from inadvertence. and deduct such new value from his debt. or any other person in his regular employment. Sch. and to estimate the value thereof. to require the creditor to give up the security for the benefit of the creditors generally on payment of the value so estimated.] 21. may prove his debt for the purpose of voting at any meeting of creditors. as a security in his hands. or represented thereat. 16. Provided. 256. [Cf. subject to the vote being declared invalid in the event of the objection being sustained. The chairman of a meeting shall have power to admit or reject (22 and 27). 22. correct such valuation by a new proof. 15. R. A creditor may appoint the official receiver of the debtor's estate to act in manner prescribed as his general or special proxy.] creditor to whom that partner is indebted jointly with the other partners of the firm. If he votes in respect of his whole debt. he may. to order that no remuneration shall be allowed to the person by whom or on whose behalf such solicitation may have been exercised. [Cf. If a receiving order is made against one partner of a firm. to deduct it from his proof. or any of them. and from place to place. post. and shall be entitled to vote thereat. except by the. SCHED. 116.] 23. I. [Cf. II. or in procuring the trusteeship or receivership.88. notwithstanding any resolution of the committee of inspection or of the creditors to the contrary. [Cf. with the consent of the meeting. Repealed : See end of this Schedule. that where a creditor has put a value on such security.] within twenty-eight days after a proof estimating the value of a security as aforesaid has been made use of in voting at any meeting. p. [Cf. 59. 72. after deducting the value of his security.] official receiver or trustee before the meeting at which it is to be used. 245 19. If he is in doubt whether the proof of a creditor should be admitted or rejected. adjourn the meeting from time to time. It shall be competent to the trustee or to the official receiver. A creditor may vote either in person or by proxy. and against whom a receiving order has not been made. 26. 13. S. Repealed : See end of this Schedule. [Cf. 12. any ante. (9—16). direction of a meeting of creditors. with an addition thereto of twenty per centum. Rs. at . the Court shall have power. at any time before he has been required to give up such security as aforesaid. if it think fit. A creditor may give a general proxy to his manager or clerk. Sch.

THE SECOND SCHEDULE. 1890. and neither the name nor the description of the official receiver. Every creditor shall prove his debt as 3207 39 soon as may be after the receiving order. some other official receiver. by s. p.S. 1890. 16 and 18 of this sohedule are repealed. together with a notice summoning a meeting of creditors. 22. three. or all the creditors if their number does not exceed SOHBD. 25. No person acting either under a general or special proxy shall [Cf.] the chairman of the next ensuing meetings. 231.[Cf. arising at any specified meeting or adjournment thereof (B. shall be issued by the official receiver of the debtor's estate. A.] ■a quorum of creditors is not present or represented. 22 of the B.] Proof in Ordinary Cases. The chairman of every meeting shall cause minutes of the pro. [Cf. or of any commissioner to administer oaths in the Supreme Court. 219. shall be printed or inserted in the body of any instru ment of proxy before it is so sent. R. the meeting shall be adjourned to the same day in the following week at the same time -and place. 255. A.iii>~ remuneration out of the estate of the debtor otherwise than as a '-' creditor rateably with the other creditors of the debtor. 10. Provided that where any person holds special proxies to vote for the appoint ment of himself as trustee he may use the said proxies and vote accordingly. other than those above referred to. 1890. 22). and every insertion therein shall be in the handwriting ■of the person giving the proxy. or of any manager or clerk. Rs. Proof of Debts. or other person in his regular employment. in a position to receive any r'8. and the minutes shall be signed by him or by an^ B. and fairly entered in a book ante. - 2. or to such other day as the chairman may appoint. Rs. A debt may be proved by delivering or sending through the post . his partner or employer. or. as follows :— (1) Every instrument of proxy shall be in the prescribed form. A. S. 267. or by B. 88. or of any other person. and are replaced by the provisions of s. s. after the appointment of a trustee. vote in favour of any resolution which would directly or indirectly mtf'-S' \?Jj place himself. 183 least three creditors. I.—1. 215. (3) A creditor may give a special proxy to any person to vote at ■any specified meeting or adjournment thereof on all or any of the iol lowing matters : (a) For or against any specific proposal for a composition or scheme of arrangement : (6) For or against the appointment of any specified person as trustee at a specified rate of remuneration. the trustee. or for or against the continuance in office of any specified person as trustee or member of a committee of inspection : (c) On all questions relating to any matter. If within half an hour from the time appointed for the meeting [Cf. (2) General and special forms of proxy shall be sent to the credi tors. 133. kept for that purpose. and Proxies. 26. SCHEDULE II. ■ceedings at the meeting to be drawn up. 24. not being less than seven or more than twenty-one days. or as member of the committee of inspection..

to the trustee. 10. he shall not be entitled to exercise it . in default of such agreement the Court may direct. all reasonable times. or as. E. or. he shall. after deducting the: net amount realised. If made by a person so authorised it shall state his authority and means of know ledge. The affidavit may be made by the creditor himself. 4. and at. may have agreed to allow for payment in cash. or the Court. (12). 11. 219. 12. I. [Sch. he may prove for his whole debt. The affidavit shall contain or refer to a statement of account. Sch. (8). Sch. he may at any time amend the valuation and proof on showing to the satisfaction of the trustee. [Cf. [Cf. and the amount of his debt shall be reduced by the amount at which the security has been valued. or by some person authorised by or on behalf of the creditor.] otherwise specially orders. require the trustee to elect whether he will or will not exercise his power of redeeming the security or requiring it to be realised. he may require that the property comprised in any security so valued be offered for sale at such times and on such terms and conditions as may be agreed on between the creditor and the trustee. the trustee may at any time. (c) Provided that the creditor may at any time.] redeem it on payment to the creditor of the assessed value. Where a creditor has so valued his security.'] examine the proofs of other creditors before the first meeting. S. in a prepaid letter to the official receiver. If the sale be by public auction. by notice in writing. if any. by which the same can be substantiated. and if the trustee does not. not exceeding five per centum on the net amount of his claim.] 5. I. 8. the date when it was given. I. 13. Every creditor who has lodged a proof shall be entitled to see and and E. If a secured creditor realises his. Cf Es 73 W If the trustee is dissatisfied with the value at which a security Pji is assessed. 3. signify in writing to the creditor his election to exercise the power. 222. state in his proof the particulars of his security. may bid or purchase. A creditor proving his debt shall deduct therefrom all trade. The official receiver or trustee may at any time call for the production of the vouchers. which he. Proof by Secured Creditors. If a secured creditor does not either realise or surrender his. but he shall not be compelled to deduct any discount. or that the security has diminished or increased in value since its previous valuation : but every such amend ment shall be made at the cost of the creditor.184 APPENDIX. [Cf. before ranking for dividend. discounts. A creditor shall bear the cost of proving his debt unless the Court (1). that the valuation and proof were made bond fide on a mistaken estimate. and upon such terms . if a trustee has been ~ appointed. 10—12. he may prove for the balance due to him. security. (ct) Where a security is so valued. and the equity of redemption. and shall specify the vouchers.—9. the creditor. If a secured creditor surrenders his security to the official receiver or trustee for the general benefit of the creditors. or the trustee on behalf of the estate. shall vest in the creditor. 105 6. II. The affidavit shall state whether the creditor is or is not asecured creditor. at which he assesses it. and shall be entitled to receive a dividend only in respect of the balance due to him after deducting the value so. assessed.] security. and the value. within six months after receiving the notice. an affidavit verifying the debt. showing the particulars of the debt. or any other interest in the property comprised in the security which is vested in the trustee. [Cf. SCHEB.

time or otherwise. 20. S. 42. or. and may receive dividends equally with the . if the debt or sum is payable by virtue of a written instrument at a certain time. When any rent or other payment falls [Cf. amendment is no longer possible : lb.—19. —21 . 109.—If after the notice in R. but he shall not be entitled to disturb the distribution of any dividend declared before the date of the amendment. against the properties respectively liable on the contracts. whereon interest is not reserved or agreed for. 14. as the case may be. The mere fact that the trustee has told the creditor (no notice to elect having been given by him) that he intends to purchase the security at the creditor's valuation. SCHEDULE II. 17. A creditor may prove for a debt not payable when the debtor committed an act of bankruptcy as if it were payable presently. Interest. without application to the Court. payable at a certain [Cf. and provable in and pp.] due at stated periods. 185 as the Court shall order. the person entitled to the rent or pay ment may prove for a proportionate part thereof up to the date of the order. and E. or that the sole contractor is also one of the joint contractors. 17 Q. the creditor shall forthwith pay any surplus dividend which he may have received in excess of that to which he would have been entitled on the amended valuation. —18. Periodical Payments. Where a valuation has been amended in accordance with the foregoing rule. S. II. p. a creditor shall in no case [Cf.114. unless the trustee shall allow the amendment SCHED. the trustee declares his election to purchase the security at the creditor's valuation.<">le. and interest as pro. the creditor may prove for interest at a rate not exceed. shall be entitled to be paid out of any money for the time being available for dividend any dividend or share of dividend which he may have failed to receive by reason of the inaccuracy of the original valuation. 113. Proof in reaped ofDistinct Contracts. If a creditor after having valued his security subsequently realises it. D.] of two or more distinct firms. B. and if payable other wise. the net amount realised shall be substituted for the amount of any valuation previously made by the creditor. Note. and ante. On any debt or sum certain.] ing four per centum per annum to the date of the order from the time when the debt or sum was payable. before that money is made applicable to the payment of any future dividend. S. and the receiving order is made at any time other than one of those periods. 108. but when once the trustee has purchased and paid for the security at the creditor's valuation. 16. the circumstance that the firms are in whole or in part composed of the same individuals.—20. shall not prevent proof in respect of the contracts. or as a sole contractor and also as member of a firm. does not preclude amend ment . or if it is realised under the provisions of Rule 12. 728. 40. 40. vided by this Act. probably the creditor cannot subsequently amend his valuation . as if the rent or payment grew due from day to day. bankruptcy. Subject to the provisions of Rule 12. In re Sadler. p. 108. Ex ■parte Norris. 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. which is overdue at the date of the receiving order. receive more than twenty shillings in the pound. Debt payable at a Future Time. 15. p. If a debtor was at the date *nfra-] of the receiving order liable in respect of distinct contracts asamember [Cf. and shall be treated in all respects as an amended valuation made by the creditor. 12. If a secured creditor does not comply with the foregoing rules he shall be excluded from all share in any dividend.

—22. 117. and rejection of proofs. The Court may also expunge or reduce a proof upon the appli- and R. 134 . [Cf. 32 & 33 Vict. If a creditor is dissatisfied with the decision of the trustee. the trustee may administer oaths and take affidavits. p. or require further evidence in support of it. 5. 90.186 APPENDIX. in and S. in whole or in part. (See ante. 71 The Bankruptcy Act. For the purpose of any of his duties in relation to proofs. Statutes relating to Unclaimed Dividends. other creditors. and in writing admit or re ject it. p. 227 Admission or Rejection of Proofs. 230. Referred to in S. c. . 24 & 25 Vict. upon the application of the debtor. The trustee shall examine 231. before the appointment of a trustee. on the application of the creditor. THE THIRD SCHEDULE. [Cf. c. 6 [tr). The Bankruptcy Act. S.] reverse or vary the decision. the Court may. on the application of the trustee. after notice to the creditor who made the proof. [Cf. 162. deducting only thereout a rebate of interest at the rate of five pounds per centum per annum. admission. he shall state in writing to the creditor the grounds of the rejection. expunge the proof or reduce its amount. 6 cation of a creditor if the trustee declines to interfere in the matter. R. 70 . 96. Rs. 25. The Bankruptcy Law Consolidation Act. R. 106 . and any act or decision of his in relation thereto shall be subject to the like appeal. [Cf. 140. [Cf. or. If he rejects a proof. An Act for facilitating arrangements between debtors and creditors. the Court may. computed from the declaration of a dividend to the time when the debt would have become payable. List or Metropolitan County Courts. Session and Chapter. 26. 12 & 13 Vict. 1849. ante. C. shall 231. 24. ante.] every proof and the grounds of the debt. in the case of a composition or scheme. respect of a proof. SECT. Title of Act. 90. ) THE FOURTH SCHEDULE. SCHED. 223 ^7. SECT. p.] have all the powers of a trustee with respect to the examination.~] 23. Rs. 1861. 1869. c. If the trustee thinks that a proof has been improperly admitted. II. according to the terms on which it was contracted. 162. ^he official receiver. 7 & 8 Vict.

77 The Supreme Court of Judicature Act. c. . seven. 62 The Debtors Act. in part . 1871. 32 & 33 Vict. 1875. or by delivery of goods and half the land . saving only his oxen and beasts of the plough. in part. c. 169 (See ante. 187 THE FIFTH SCHEDULE. section nineteen. namely. in part . Enactments Repealed as to England. eight. c. 1869. 13. eighteen. except sections six. chapter in part. in part . in part. in part. 18 The statutes of Westminster the Second. 33 & 34 Vict. 71 The Bankruptcy Act. SCHEDULE V. c. sub-section (b) of section five.c. 34 & 35 Vict. c. SECT. 76 The Absconding Debtors Act. and " 32<fc33Vict. sections nine and thirty-two. namely. namely. at the choice of the creditor . namely. 32 & 33 Vict. Execution either by levying of the lands and goods.50 The Bankruptcy Disqualification Act. 83 The Bankruptcy Repeal and Insolvent Court Act. 1869. 38 & 39 Vict. L c. the words "all the chattels of the debtor. and sections twenty-one and twenty-two. in part . 1870. 1869. p.) 13 Edw.

3. Adjournment from Chambers to Court. BANKKUPTCY KULES. PART I. Meetings summoned by the Court. BTJXES. 1886 AND 1890. 23. Jurisdiction of Registrars. . 1883 AND 1890. Proceedings. Notice of transfer to Official Receiver and Board of Trade. Short title and commencement. Form of order. Records of the Court. 19. TABLE OF CONTENTS. 25. Use of Forms in Appendix. 2. 24. 7. 26. 4. 1. 6. 16. Matters to be heard in Court. Repeal. and vice versa. gazetting. 9. 20. Office copies. 11. Use of file by Board of Trade or Official Receiver. 17. Proceedings commenced in wrong Court. Notices to be in writing. 15. Transfer of jurisdiction of County Court and pending business. 5. 17a. 18. Computation of time. Written or printed proceedings. Motions and Practice. Court and Chambers. Adjournment from Registrar to Judge. 22. Filing. Preliminary. &c. GENERAL RULES MADE PURSUANT TO THE BANKRUPTCY ACTS. Court Procedure. how intituled. 12. Transfer of Official Receiver's duties. Proceedings. Interpretation of terms. Transmission of order of transfer. 13. Transmission of Records. Transfer by Judge of High Court. Process to be sealed. 10. 14. 21. 8. Transfer by Judge of County Court.

79. Application of section 144. Execution of bond. 35. and of the Sale thereof. Notice of deposit. <>0. Proofof service. 73. 54. 58. Several deponents. 53. Preparation of Orders. Service of Subpoenas. Notice to bankrupt of application. Amount of bond. 49. 43. 31. Money lodged in Court. Limit of witnesses' costs. Defacement of stamp. . Conduct money. Security in Court. €3. Costs of unnecessary matters. &o. 33. 37. Deposit in lieu of bond. 40. Blind or illiterate persons. 42. Stamps. Discovery. 37a. . 48. 34. 74. Accounts. 52. Discovery of Debtoi 's Property. Appropriation of Pay. 71. 81. &c. Depositions. 77.Filing affidavits on motion. Preparation of orders. Deponent's description. Review of order. Erasures. Notice not served on all proper parties. &c. Filing. 57. Copy of order to department. 44. office copies. 41. Affidavits. Applications for discovery. 47. 61. Subpoenas. 56. Notice of sureties. 78. 32. 67. 37b. Costs of witness. &c. 75. 66. 70. Form of commission. 80. 46. 36.Indorsement and filing of affidavits. 1886 AND 1890. Notice of motion to be filed. 68. &c. BANKRUPTCY RULES. Taking Accounts of Property Mortgaged. 67a. Security of guarantee society. 59. Security by bond. Proof of affidavit. 62. Salary. fc. 46. 69. Swearing of affidavit. Notice of appointment to settle order. 51. &c. Adjournment. Witnesses and Depositions. Justification by sureties. 82. Precedence of motions. Proceeds of sale. 65. Form. Production of document. 50. Formal defects. 39. 64. Personal service. 38. 76. Inquiry into mortgage. Conveyance. 72. 55. Notice to chief of department. Discovery. Shorthand notes. Time for filing. Scandalous matter. Proceedings on inquiry. Pensions. Shorthand writers. Disobedience to order.

Senior Registrar's office. 90. Awarding costs. Sittings. Settlement of issues for trial. 133. 94. Lodgment of bill. Costs. Taxation of sheriff's costs after deduction. Address of solicitor for service. 121. 105. Apportionment of costs in case of partnership. 89. Procedure on appeals. Notice of appointment. 95. Arrests. 104. and filed. Costs paid otherwise than out of estate. Scale of costs and charges. Review of taxation by Board of Trade. 123. 109. signed. Disallowance of costs of unnecessary petition. 102. 119a. 129. RULES. 122. 100. Certificate of employment. Mules relating to the Business of the High Court. 83. 125. Sittings of County Court. Appealsfrom County Courts. 114. 131. 86. Service and Execution of Process. Applications to commit. 107. File of proceedings. and Commitments. 128. 125a. 110. Register of bills taxed. Costs of shorthand notes. Trial of issues of fact in the Queen's Bench Division. 112a. Copy of bill. Costs out of joint or separate estates. Bills of costs to be filed. 130. Notice and hearing of application. . 84. 97. Restrictions on appeal. 126. To whom warrants addressed. 91. Duties of bailiff. Registrars to act for each other. Taxation of costs. Priority of costs and charges payable out of estate. 93. 87. Enforcement of orders. 120.190 APPENDIX. Solicitor's costs in case of petition by debtor. 115. 86. Special or common jury. Registrar to tax in person. 98. Warrants. Times. 101. Sheriff's costs. Appeals. Applications for costs. Time for appeal. 113. 92. 134a. 88. Suspension of issue of committal order. 124. Re-taxation of costs when assets realise less than certified amounts. Office hours of taxing-master. 106. 118. 127. Interlocutory motions on appeal. Place. Sheriff's costs. 99. 108. Orders to be sealed. Execution of orders. 116. 112. 103. Hours for service. Custody and production of debtor. Taxing-master's business. Trial by Jury. Security for costs of appeal. Actions by trustees assigned to bankruptcy Judge. What bills taxing-master shall tax. 119. 132. 117. 111. Mode of trial. 96. Notice of appeal. 134. Service by post. Committal of contumacious debtor or witness. &c.

138. Investigation of petition. PART II. 155. Service out of jurisdiction. Issue of notice. Service of notice. 140. Form and contents of order. Proof of service. 136. Form of declaration. 171. Application to set aside. Adjournment of hearing. 182. Receiving Order. Non-appearance of creditor. 160. BANKRUPTCY RULES. Joint petitioners. 143. Receiving order on bankruptcy notice. 145. 165. 163. Setting aside notice. 183. 170. Time of hearing. Several respondents. 147. Order for extension of time. 157. Death of debtor before service of petition. Appointment of interim receiver. Further deposit if necessary. Repayment of deposit. 164. Appearance of debtor to show cause. 178. Personal attendance of creditor. 176. 161. 156a. 137. Deposit. Duration of notice. 181. 139. &c. 149. 173. Bankruptcy Petition. 169. 142. Bankruptcy Notice. 156. Non-appearance of debtor. Application to dismiss. 144. Proceedings from Act of Bankruptcy to Discharge. 167. 154. 135. 162. Substituted service. 172. Interim Receiver. 148. Attestation. Verification and copies. Proceedings on petition. Deposit by petitioner. 158. 179. Preparation. Service of receiving order. Indorsement of address. 1886 AND 1890. Transmission of copy to Official Receiver. Description and address of debtor. &c. 146. 141. Costs of petition. Creditor's Petition. What Court to issue. Debtor intending to show cause. 174. 150. Application for extension of time. Service of Creditor's Petition. when dispensed with. Declaration of Inability to pay Debts. Proceedings after trial of disputed question. Form of petition. Advertisement. 153. Form and Contents. 180. Damages if petition dismissed. Hearing of Petition. Security for costs. 166. Place for filing petition. Personal service. 151. 191 RULES. 159. 177. . 152. 175. 168. Stay of proceedings. Who to verify.

206. Costs of appeals from decisions as to proofs. Adjudication on application of other parties. 207. 188. 184. 228. Lodging proofs where first meeting adjourned. Proof of debts in composition. Application to rescind receiving order. 221 . Notice to creditors of examination. Composition or Scheme.192 APPENDIX. 193. Time for lodging proofs. 225. Certified list of proofs to be sent to Board of Trade. 192. Notice of proceeding after adjournment sine die. 229. Adjudication. 189. Composition and schemes under section 23 of the Act of 1883. Production of bills of exchange and promissory notes. Statement of Affairs. Provision in composition or scheme for costs and charges. 196. Cases in which Official Keceiver is to be trustee. Service of Proceedings. Time for admission or rejection of proof by Official Receiver. Appeal from rejection of proof. 212. Extension of time. Proofs to he sent by trustee to Registrar. Notice to creditors. Order annulling adjudication. 222. Official Receiver's report to be filed. Transmission of proofs to trustee. Evidence and order. . Time for holding public examination of debtor. 213. 197. Proceedings if scheme approved. Default by debtor in attending. 208. 227. 210. Proofs to be sent by Official Keceiver to Registrar. 225a. 198. How made out. 190. 219. 191. Rescission of Receiving Order and Annulment of Adjudication. Proof of Debts. 205. 187. 203. 194. 214. 219a. Notice to Official Keceiver. Annulment of composition. Security by trustee under composition or scheme. Workmen's wages. 185. Opposed applications. 216. 199. Costs of application by debtor. Adjudication on adjournment of public examination. Default in payment of composition. Time for admission or rejection of proof by trustee. 204. 226. Service when abroad. Forms where proposal submitted by debtor. 218. Proceedings after adjournment sine die. 192a. Application by deotor or Official Receiver for approval of Court. Hearing and appeal. 186. Procedure where creditor appeals. Swearing of affidavits. 222a. Vesting of property on annulment of composition. Public Examination of Debtor. 223. 217. Fee on application. to stay proceedings thereunder or to annul adjudication. 220. 209. 183a. 215. 224. 201. 189a. Adjournments sine die. 211. 230. Dividends under composition or scheme. Form of proof. Form and notice of order of adjudication. 202. 200. Correction of formal slips. RULES. Public examination of debtor who is a lunatic. Adjudication on failure of composition or scheme. Notice of admission of proof. Adjudication on application of debtor. 195. 231.

Lunatics. 251. Debtor's petition by firm. 257. Form and filing of proxies. PART in. by joint and separate creditors. 242. Adjudication against partners. &c. 245. Application. Small Bankruptcies. Appeals. Proceedings by Company or Co-partnership. Quorum. &c. Separate firms. Proceedings by or against Firm. 235. Dividend may be sent by post. 268. &c. 258. Voting on composition. Application for order. Notice to debtor of first meeting. Non-reception of notice by creditor. Opposed applications. 248. Adjudication: Trustee. 233. Discharge. Report of Official Receiver. 246. Notice to Official Receiver of creditors' meetings. 243. 244b. 269. 1886 AND 1800. 249. 261. &c. Order. 262. notes. 264. 238a. 238. 270. Filling in when creditor blind. 256. Conditional orders. 252a. Summary administration. Signature of proxy. Joint and Separate Estates. 271. Costs of calling meeting. 244a. 272. 266. 234. Costs of application. 237. Adjournment. Proof of notice. Receiving order against firm. 254. RB. 241. 253. Evidence in answer to report. . 236. Notice of other meetings. 250. Production of bills. Apportionment of trustee's remuneration. First meeting. Minors not to be proxies. Accounts of after-acquired property. Special Procedures. 252. Application for modification of order. 267. Notice of intended dividend. 265. Execution on judgment in case of conditional discharge. Gazetting order. 273. 260. Attestation of firm signature. 263. Notice to Board of Trade and creditors of first meeting. Copy of resolution for Registrar. 232. BANKRUPTCY RULES. Dividends. 259. Meetings of Creditors. Verification of statements of after-acquired property. 239. 244. Proxies and Voting Letters. 247. Statement of affairs. Lunatics. 240. 255. Acceptance of composition. Public officer or agent of company. Service on firm.

279a. . Trustee not to purchase from his employer or partner without Court's sanction. Service. 317a. Sanction of payments to members of committee of inspection. Remuneration when appointed by Board of Trade. Books to be kept by Registrars. Officers. on release of trustee. Cash book. Rules as to administration of estate of deceased insolvent. Administration order. 291. 317. Delivery of books. Extracts and returns. 283. Trustees. Notification of objection to High Court. 304. Statement of accounts to be furnished to creditors. Disclaimer of lease. 312. Gazetting. 313. Trustees. Creditor may obtain copy of trustee's accounts. Form of certificate of appointment. 284. 276. 295. PAET IV. before estate handed over to trustee. 314. 301. 293. Gazetting. 296. 278. 307. Form of petition. Committee of inspection. &c. Audit. &c. 310a. 280. Limit of remuneration. 286. 303. Trustee not accounting under section 162. KTTLES. Rate of remuneration. Trustee carrying on business. Administration of Estate of Person Dying Insolvent. 294. Dealings with estate. Discharge of costs. 305. Disposal of bankrupt's books and papers. Authority for account at local bank. 300. Gazette of release. 282. Duties of executor. 292. 315. 274. Ee-gazetting. Gazetting notices. 318. &c. 299. Board of Trade audit of trustee's accounts. 279. 302. 281. Removal of trustee. Removal for failing to keep up security. Books to be submitted to Committee of Inspection. 310. Proceedings on resignation of trustee. 277. 308. Record book. Audit of cash book. 289. Application for directions. Accounts and Audit. 316. 298. 285. Application for release. Expenses of sales. 309. Allowance to debtor. 319. Disclaimer of Lease. Books to be kept and Returns to be made by Registrars. &c. 275. Meetings of creditors to consider conduct of trustee. Affidavit of no receipts. 320. Copy of accounts to be filed. 290. Meeting to consider conduct of trustee. 287. 306. 311.194 APPENDIX. Notice of appointment. Executor de son tort. 297. 288. Notice of resignation. Removal by Board of Trade. 316a. Joint and separate estates' accounts. Notice of orders to Board of Trade.

Officers of Board of Trade and clerks of Official Receivers in certain cases to act for Official Receivers. 326. 330. and Section 103 of the Act. BANKRUPTCY EULES. 349. Rules under Section 5 of the Debtors Act. 1886 AND 1890. Repeal of Rules under Act of 1869. 362. 331. under Section 162. 355. Remuneration of special manager. Accounts. 360. Non-compliance with Rules. 332. 351. 341. 334. 350. 347. 323c. Jurisdiction of High Court Registrars. Abridgment or enlargement of time. 345. 333. 362. tinder Section 162 of Act of 1883. 323. Mode of payment into Bank of England. 353. Duties where no assets. Use of proxies by deputy. No lien on debtor's books. 322. Assignment of estates to Official Receivers. 340. Liability for costs. Subsistence allowance to debtor. 354. 321. Removal. Rota. Local bank. Registrar to act in case of emergency. §c. 344. Mode of application to Court. Board of Trade orders. Removal of special manager. 338. 1869. Miscellaneous. 346. 329. Transfer of matter to proper Court. Personal performance of duties. Administration order in lieu of receiving order. Fee on receiving order. Falsification of documents. Order for summary administration. 356. 358. 348. Order for debtor's summons. Payments into and out of Bank. Jurisdiction of Registrars in pending business. Standing security to Board of Trade. 327. 324. Special Manager. and damages. To act for Board of Trade -where no Committee of Inspection. 335. 346a. Appointment. Unclaimed Funds. 357. Payments out of Bank of England. Applications for directions. UTILES. Saving for existing law and practice. 337. Accounting by Official Receivers. 336. Trading account of debtor. 323a. 325. Miscellaneous. Application for payment out by party entitled. 328. Special report as to person employed to assist debtor. County Court Rules to apply. Power of one Receiver to take the business of another. PART V. &c. [Note. Unclaimed Funds. 361. Security by Trustee or Special Manager. Transfer in lieu of committal. 359. expenses.—Thefigures in the margin are added by the Author. 323b. Duties as to debtor's statement of affairs. 343. Evidence on application by Official Receiver. Assistant Official Receivers. 342."] O 2 . 195 Official Receivers. 339. Accounts by trustees under Act of 1883 of unclaimed funds. $c.

"Registrar" means a registrar or deputy registrar of a County Court having jurisdiction in bankruptcy. 94 of the Act. 1886." " The Act of 1883 " means " The Bankruptcy Act. or the initial letter or contraction of the Christian name. and shall. and unless otherwise mLn ' expressly provided. 1883. 1883. 2. as the case may be." " The Act of 1890 " means " The Bankruptcy Act. 1886 and 1890. a registrar in bankruptcy of the High Court. 1888. The Bankruptcy Rules. made in 1890 (with accompanying Forms). (a) Some Rules. Interpretation 3. S." In the Bankruptcy Rules. In these Rules— " The Acts " means " The Bankruptcy Acts. "Debtor" includes a firm of debtors in partnership. for convenience. and the Bankruptcy Rules. 1886 and 1890. B. and shall also. " Court of Appeal " includes any Court to which." " The Bank ruptcy Appeals (County Courte) Act. appeals lie from the Court as denned by the Bankruptcy Act. on or after the said day. and includes any debtor proceeded against under the Act. 99. ings taken in any matters under the Act. 1883 and 1890. " Creditor " includes a corporation. came into operation on January 1st. under any Act for the time being in force. so far as practicable. shall be read and construed as one set of Rules. These Rules (a) may be cited as "The Bankruptcy Rules. RULES Preliminary. and to all proceed- S. and they and the Bankruptcy Rules. 1883. These Rules may be cited as the Bankruptcy Rules. 1891. unless the context or subject-matter other- of terms. partly in addition to and partly in substitution for Rules and Forms of 1886. 122 of the Act. Rs." and " The Preferential Payments in Bankruptcy Act. 1891. trustee includes any trustee appointed under a composition or scheme. Interpretation. U. 1883. are hereby annulled : Provided that such annulment shall not affect anything done or suffered before the com mencement of these Rules under any rule annulled by these Rules : and that no rule or practice repealed by the said Rules or any of them shall be revived by reason of the annulment effected by these Rules : Provided also that such annulment shall not in any way affect the Rules made under s. under s. 1886. and the surname of such person. "The Court " includes a registrar when exercising the powers of the Court pursuant to the Act or these Rules. 1886. The Rules of 1890 contain the following three preliminary Rules : Preliminary. .tober. wiae requires. and a firm of creditors in partnership. whether adjudged bank rupt or not. Citation. These Rules. may be together cited as the Bank ruptcy Rules. or. . apply to all matters arising. 127. 1. 350—354. 1890. 134. Both sets of Rules are here printed as one (the new having. been worked into the old). and these Rules. '• Name " of a person means both the Christian name. 1. on and after the said day. 1884. and are called the Bankruptcy Rules. 1890.196 APPENDIX. In these Rules (a). Short title 1886" (a). and all other subsequent Rules here- Re 1 tofore made under the Act. Commence. and application. to all proceedings taken in any matters under the Acts. 3. 1886 and 1890. 60. apply to all matters arising. These Rules shall commence and come into operation on the 1st day of ment and January. " Judge of the High Court" means the judge to whom bankruptcy business is for the time being assigned.— (a) " The Act " means the Bankruptcy Act. 2. They shay come into operation on the 25th day of Oc- and commence. so far as practicable.

— (1. 141 of the Act shall apply to these Computation Rules. Sunday. Good Friday. 3—6- " Taxing officer " means and includes the officer of the Court whose duty is to tax costs in bankruptcy proceedings. Forms. Court Procedure. The forms in the Appendix. and words importing the singular number include the plural. g. " Writing " includes print. (2) Where by the Act or these Rules the time limited for doing any act or thing is less than six days.in Appendix. and "written " includes printed. Monday and Tuesday in Easter week. 168 of the Act shall apply to these Rules. (o) Words importing the plural number include the singular. in these Rules. unless the Court shall otherwise direct. PART I. 4. Trustee " includes the trustee appointed under a composition or scheme of arrangement under which a trustee is appointed to admi nister a debtor's property. BANKRUPTCY KULES. and not of a judicial character. 168. 6. The following matters and applications shall be heard and deter. or substitute new forms in lieu thereof. pp. have the meanings thereby assigned to them. Where such forms s. and also includes an official receiver when acting as trustee.Matters to be mined in open Court. the Saturday next after Good Friday. are applicable any costs occasioned by the use of any other or more prolix forms shall be borne by or disallowed to the party using the same. and words importing the masculine gender include the feminine. or manage his business . (i>) Applications to approve a composition or scheme of arrange. and any ofher terms or expressions defined by the Act shall. of time. Where the Board of Trade alters any form. 264—266. with such varia. (e) Applications to set aside or avoid any settlement. or substitutes any new form in lieu of a form prescribed by these Rules. namely :— heard in court. (3) For the purposes of these Rules and of s.g ment . 197 '* Scheme " means a scheme of arrangement pursuant to the Act. such altered or substituted form shall be published in the London Gazette. RULES " Sealed " means sealed with the seal of the Court. shall be excluded in computing such time. shall be used. convey- . tions as circumstances may require. Court and Chambers. and any other day on which the offices of the Court are wholly closed. and where Use of Forms they are not applicable forms of the like character. Christmas Day. disqualifications . (d) Appeals from the Board of Trade to the High Court . (c) The provisions of s. where applicable. 1886 AND 1890. —(1) The provisions of s. gg. (a) The public examination of debtors . (c) Applications for orders of discharge or certificates of removal of See pott. 5. (2) Provided that the Board of Trade may from time to time alter any forms which relate to matters of an administrative. 141 of the Act " a day on which the Court does not sit " shall mean a day on which the offices of the Court are closed.

A registrar may. any matter from chambers or application may. or by special direction of the Judge or registrar. notices. ruptcy. and the trial of such issues. (3) The first proceeding in every matter shall have a distinctive number assigned to it by the registrar. or payment. a registrar has jurisdiction to determine shall be adjourned to be heard before the Judge. with such variations or additions as circumstances may require.—(1) Every in Court under the Act shall be dated. . All proceedings of the Court shall remain of record in the Court. if the from registrar Judge shall. Notices to be 13. warrants. Proceedings. Judge. petitions. and of the matter to which it relates. 265." with the name of the Court S. 94 (5). 142. 8. and shall be intitu ed " In Bankruptcy. Numbers and dates may "be denoted by figures. or thereabouts . so direct. or partly printed pro written and partly printed. Proceedings. 354. R. or the Bankruptcy Rules for the Adjournment time being in force under that Act. 10. particular case otherwise order. and other Process to be process issued by the Court shall be sealed. (h) Applications for the trial of issues of fact with a jury. RULES ance. shall be so adjourned. how intituled. so as to form a complete record of each matter. See post. unless these Rules otherwise provide. Subject to the provisions of the Act and these Rules. either specially or by any general direction applicable to to Judge. All summonses. Court. (gr) Appeals against the rejection of a proof. and any creditor who has proved. but no objections shall be allowed to any proof. to Court and the registrar) thinks fit. 265. sealed. the particular case. but they may at all reasonable times be inspected by the trustee. Records of the 12. 99 of the Act. Jurisdiction of 7. as the case may be. or the Court shall in any S. Written or 11. orders. or any such creditor. Court to chambers . Any other matter or application may be heard and determined in chambers. 92. or to declare for or 6—14. debtor. in which it is taken. the debtor. security. 8. (2) All applications and orders shall be intituled ex parte the applicant. except for the use of the officers of the Court. if the Judge (or. and all subsequent proceedings in the same matter shall bear the same number. hear and determine any matter or application mentioned in Ks. under the Bankruptcy Act. 14. All proceedings in Court shall be written or printed. be adjourned from chambers to Court or from vice versd. and if all the contending parties require any See post. or applications to expunge or reduce a proof. matter or application to be adjourned from chambers into Court it p. 1883. where the amount in dispute exceeds £200. on paper of the size hitherto used in bank ceedings. and they shall not be removed for any purpose. transfer. ing. Any matter or application pending before a registrar which p. on sheets of sixteen inches in length and ten inches in breadth. affidavit. (2) of s. or any person on behalf of the trustee. that is to say.198 APPENDIX. (4) The Forms Nos. (/) Applications for the committal of any person to prison for contempt . or proxy on account of its being written or printed on paper of other size. against the title of the trustee to any property adversely claimed . All notices required by the Act or these Rules shall be in writ in writing. 1 and 2 in the Appendix shall be used. at any time. sub-s. Adjournment 9. under the general or special directions of the registrars.

(2) In the case of an advertisement in a local paper.IP—M. S. 199 15. duties. and writings. the address given in the list of creditors by the debtor. the official receiver) . 17a. . 1886 AND 1890.Judge of High ferred from a County Court to the High Court. and in the order in which they shall have been bespoken. except as to figures. Where the Court orders a general meeting of creditors to be RULES summoned under Rule 5 of Schedule I. The Judge of any County Court having jurisdiction in bank. be fairly written at length. to the Act. or by any debtor. 19. in which any advertisement relating to any matter under the Act in such Court is inserted. debtor. the official receiver of the Court to which such proceedings are Transfer of transferred shall become the official receiver of the debtor's estate in official place of the official receiver of the Court from which the proceedings receiver's are transferred. and in default of any direction by the g ^ Court the registrar shall transmit a sealed copy of the order to the ' trustee (or. When an order of transfer has been made by any Court. papers. shall at the same time file with the proceedings in the matter a memorandum referring to and giving the date of such advertise ment. at any time. Office copies. books. and the trustee Meetin?s or official receiver shall. proceedings. not less than seven days before such meeting. — (1) In the High Court the senior bankruptcy registrar. 18. affidavits. (3) For this purpose one copy of each local paper. (4) The memorandum by the registrar shall be prima facie evidence that the advertisement to which it refers was duly inserted in the issue of the gazette or paper mentioned in it. or by any creditor. and be sealed and delivered out without any unnecessary delay. tisement relating to any matter under the Act in such Court he " „'_. or creditor. The Judge of the High Court may at any time. shall be left with the registrar by the person inserting the advertisement. moned as the Court directs. Where the proceedings in any matter are transferred by any transfer. the registrar shall in like manner file a copy of the paper and a memorandum (which shall be in the Form No. as the case may be.g 132. 16. order the proceed. Where in the exercise of their functions under the Acts or Use of file by Rules the Board of Trade or the official receiver requires to inspect or Board of Trade use the file of proceedings in any matter. registrar shall send by post a sealed copy of the order of transfer to Transmission the Court affected by the order. 175 in the Appendix) referring to and giving the date of such advertisement. and whenever the gazette contains any adver. or any parts thereof required by any trustee.° ings in any matter under the Act. or from the High Court Court. to a County Court. 97 (2. ^ Court send a copy of the order to each creditor at the address given in his ' proof. in a County Court the registrar. All office copies of petitions. and Filing. 3). &c. and shall. transmit the file of proceedings to the Board of Trade or official receiver. Court. for good cause Transfer bv shown. the London Quzette. Judge of 20. to be transferred to any other County Transfer by Court. or such other address as may be known to the trustee or official receiver.„. for good cause shown. as the case may be. order the proceedings in any matter under the Act to be trans. BANKBUPTCY EULES. the County Court. may. the registrar shall (unless or official the file is at the time required for use in Court or by him) on request receiver.g jq2 u\ ruptcy. shall file a copy of each issue of gazetting. or when he shall not have proved. it shall be sum. or by the solicitor of any such trustee. 17. which have been commenced • > 260- or are pending in his Court. shall be provided in the High Court by the senior bankruptcy registrar and in a County Court by the registrar . of order of 21.

200 APPENDIX.
RULES 22. An order of transfer shall be in the Form No. 22 in the Appendix,
22—31. with such variations as circumstances may require.
Form of order. Court 23. Where the proceedings in any matter are transferred from a
to any other Court, the registrar of the first Court shall send by
Transmission post the records of proceedings transferred to the registrar of the Court
of records. to which the transfer is made.
Notice of 24. The registrar of the Court to which proceedings are transferred
transfer to shall give notice of the transfer in the Form No. 23 in the Appendix
official receiver to the official receiver of the same Court, and to the Board of Trade,
and Board of as soon as he shall receive the records of proceedings from the regis
Trade. trar of the Court from which the transfer is made. When a matter is.
transferred from one Court to another, it shall receive a new distinc
tive number.
Proceedings 25. When any bankruptcy proceeding has been commenced in a
commenced in Court in which it should not have been commenced, the judge of that
wrong Court. Court or the judge of the High Court may order that the proceeding-
shall be transferred to the Court in which the same should have been
commenced, or that it be continued in the Court in which it was
commenced ; but unless and until a transfer is made under these
Rules, the proceeding shall continue in the Court in which it was.
commenced.
Transfer of 26. Whenever the Lord Chancellor, by order, under his hand, shall
jurisdiction of exclude any County Court from having jurisdiction in bankruptcy, or
County Court shall attach the district or any part of the district of a County Court
and pending to the High Court, or any other County Court, or shall detach the
business. district or any part of the district of any County Court from the
district and jurisdiction of the High Court, any bankruptcy business
pending in the Court or district to which the order relates shall be
come transferred to such Court as shall be mentioned for the purpose
in the order ; and, thereupon, the rules as to transfer of proceedings
shall apply to the transfer of such pending proceedings in all respects,
as if the proceedings had been transferred by order of a Court having,
power to transfer proceedings.

Motions and Practice.
Applications to 27. Every application to the Court (unless otherwise provided by
be by motion. these Rules, or the Court shall in any particular case otherwise direct)
S. 105 (5). shall be made by motion supported by affidavit.
Notice of 28. Where any party, other than the applicant, is affected by the
motion, and motion, no order shall be made, unless upon the consent of such party
ex parte duly shown to the Court, or upon proof that notice of the intended
applications. motion and a copy of the affidavits in support thereof have been duly
served upon such party : provided that the Court, if satisfied that th&
delay caused by proceeding in the ordinary way would or might entail
serious mischief, may make any order ex parte upon such terms as to-
costs and otherwise, and subject to such undertaking, if any, as the
Court may think just ; and any party affected by such order may move
to set it aside.
Length of 29. Unless the Court gives leave to the contrary, notice of motion
notice. shall be served on any party to be affected thereby not less than eight
days before the day named in the notice for hearing the motion.
An application for leave to serve short notice of motion shall be made:
ex parte.
Affidavits 30. Where a respondent intends to use affidavits in opposition to a
against motion he shall deliver copies of such affidavits to the applicant not
motion. less than two days before the day appointed for the hearing.
Notice not 31. If on the hearing of any motion or application the Court shall
served on all be of opinion that any person to whom notice has not been given
proper partiei

BANKRUPTCY EXILES, 1886 AND 1890. 201
ought to have, or to have had, such notice, the Court may either dis- RULES
miss the motion or application, or adjourn the hearing thereof, in order 32—39.
that such notice may be given, upon such terms as the Court shall ^ ^
think fit.
32. The hearing of any motion or application may from time to Adjournment,
time be adjourned, upon such terms (if any) as the Court shall g jQg /2\
think fit. '
33. In cases in which personal service of any notice of motion, or of 31-
any order of the Court, is required, the same shall be effected, in the Personal
case of a notice of motion, by delivering to each party to be served a service,
copy of the notice of motion ; and, in the case of an order, by deliver- rs. 31, 62,
ing to each party to be served a sealed copy of the order. 141, 153—
34. Every affidavit to be used in supporting or opposing any opposed 156.
motion shall be filed with the registrar not later than the day before j^ing
the day appointed for the hearing. affidavits on
35. The registrar, upon any affidavit being left with him to be filed, motion,
shall indorse the same with the day of the month and the year when 57
the same was so left, and forthwith file the same with the proceedings '
to which the same relates, and any affidavit left with a registrar to be j0^™6^
filed shall on no account be delivered out to any person, except by Affidavits'
order of the Court.
36. A party intending to move shall, previous to the public sitting Notice of
of the Court, deliver to the registrar or clerk of the Court a copy motion to be
of his notice of motion. There shall be indorsed on such copy the filed,
name of the applicant's solicitor and counsel (if any), and also
(if known) the name of the respondent's solicitor and counsel (if
any).
37. Except in cases of emergency, or for any other cause deemed Precedence of
sufficient by the Court, all motions shall be made and heard in the motions,
order in which they are set down at the sitting of the Court. g 1gj_

Preparation of Orders.
37a. If within one week of the making of an order of adjudication, Preparation
order annulling adjudication, order on application to approve a com- of orders,
position or scheme, order annulling a composition or scheme, or order
on application for discharge, such order has not been completed, it
shall be the duty of the Registrar to prepare and complete such order ;
provided that if in any case the Judge shall be of opinion that the
provisions of this Rule ought not to apply, he may so order ; and
provided also that where an order of discharge is granted subject to
the condition that judgment shall be entered against the bankrupt,
nothing in this Rule shall require the Registrar to prepare and com
plete the order until the bankrupt has given consent, in the prescribed
form, to judgment being entered against him.
37b. A person who has the carriage of an order shall obtain from Notice of
the Registrar an appointment to settle the order, and shall give reason- appointment
able notice of the appointment to all persons who may be affected by to settle order,
the order, or to their solicitors.

Security in Court. gg. 4
38. Except where these Rules otherwise provide, where a person ' . '
is required to give security, such security shall be in the form of a Security by
bond with one or more surety or sureties to the person proposed to be
Becured. 12 (2).
39. The bond shall be taken in a penal sum, which shall be not S. 21 (2).
less than the sum for whicli security is to be given, and probable Amount of
bond.

202 APPENDIX.
RULES costs, unless the opposite party consent to it being taken for a less
40—52. sum.
Deposit in lieu 40. Where a person is required to give security he may, in lieu
of bond. thereof, lodge in Court a sum equal to the sum in question in respect
of which security is to be given, and the probable costs of the trial of
the question, together with a memorandum to be approved of by the
registrar and to be signed by such person, his solicitor, or agent, setting
forth the conditions on which the money is deposited.
Honey lodged 41. The Rules for the time being in force in the High Court and
in Court. County Courts respectively relating to payment into and out of Court
of money lodged in Court by way of security for costs shall apply to
money lodged in Court under these Rules.
Security of 42. The security of a guarantee association or society approved by
guarantee the Court or the opposite party may be given in lieu of a bond or a
society. deposit.
Notice of 43. In all cases where a person proposes to give a bond by way of
sureties. security, he shall serve, by post or otherwise, on the opposite party
and on the registrar, at the Court, notice of the proposed sureties,
which shall be in the Form No. 20 in the Appendix, and the registrar
shall forthwith give notice to both parties of the time and place at
which he proposes that the bond shall be executed, and shall state in
the notice that, should the proposed obligee have any valid objection
to make to the sureties, or either of them, it must be made at that
time.
Justification 44. The sureties shall make an affidavit of their sufficiency (which
by sureties. shall be in the Form No. 21 in the Appendix), unless the opposite
party shall dispense with such affidavit, and such sureties shall attend
the Court to be cross-examined, if required.
Execution of 45. The bond shall be executed and attested in the presence of the
t>ond. registrar or the official receiver, or before a justice of the peace, or a
solicitor.
Notice of 46. Where a person makes a deposit of money in lieu of giving a
deposit. bond, the registrar shall forthwith give notice to the person to whom
S. 135. the security is to be given of such deposit having been made.

Affidavits.
Costs of 47. The costs of every affidavit which shall unnecessarily set forth
unnecessary matters of hearsay, or argumentative matter, or copies of or extracts
matter. from documents, shall be paid by the party filing the same.
48. Every affidavit shall be drawn up in the first person, and shall
be divided into paragraphs, and every paragraph shall be numbered
consecutively, and as nearly as may be shall be confined to a distinct
portion of the subject. No costs shall be allowed for any affidavit or
part of an affidavit substantially departing from this Rule.
Deponent's 49. Every affidavit shall state the description and true place of
description. abode of the deponent.
Several 50. In every affidavit made by two or more deponents the names of
deponents. the several persons making the affidavit shall be inserted in the jurat,
except that if the affidavit of all the deponents is taken at one time by
the same officer it shall be sufficient to state that it was sworn by both
(or all) of the " above-named " deponents.
Scandalous 51. The Court may order to be struck out from any affidavit any
matter. matter which is scandalous, and may order the costs of any applica
tion to strike out such matter to be paid as between solicitor and
client.
Erasures, &c. 52. No affidavit having in the jurat or body thereof any inter
lineation, alteration, or erasure shall, without leave of the Court, be
read or made use of in any matter depending in Court unless the

BANKRUPTCY RULES, 1886 AND 1890 203
interlineation or alteration (other than by erasure) is authenticated by RULES
the initials of the officer or person taking the affidavit, nor, in the 53—59.
case of an erasure, unless the words or figures appearing at ,the time
of taking the affidavit to be written on the erasure are re-written and
signed or initialled in the margin of the affidavit by the officer or
person taking it.
53. Where an affidavit is sworn by any person who appears to the Blind or
person taking the affidavit to be illiterate or blind, the person taking illiterate
the affidavit shall certify in the jurat that the affidavit was read in his persons,
presence to the deponent, that the deponent seemed perfectly to
understand it, and that the deponent made his signature in the pre
sence of such person. No such affidavit shall be used in evidence in
the absence of this certificate, unless the Court is otherwise satisfied
that the affidavit was read over to and appeared to be perfectly under
stood by the deponent.
64. The Court may receive any affidavit sworn for the purpose of Formal
being used in any matter notwithstanding any defect by mis-descrip- defeets.
tion of parties or otherwise in the title or jurat, or any other irregu- g j^g
larity in the form thereof, and may direct a memorandum to be made
on the document that it has been so received.
55—(1). In cases in which by the present practice an original Filing office
affidavit is allowed to be used, it shall, before it is used, be stamped copies, &c.
with a proper filing stamp, and shall at the time when it is used be
delivered to and left in Court or in chambers with the proper officer,
who shall send it to be filed.
(2) An office copy of an affidavit may in all cases be used, the
original affidavit having been previously filed and the copy duly
authenticated with the seal of the Court.
56. —(1) No affidavit (other than a proof of debt) shall be sufficient Swearing of
if sworn before the solicitor acting for the party on whose behalf the affidavit,
affidavit is to be used, or before any agent of such solicitor, or before g 13j
the party himself.
(2) Any affidavit which would be insufficient if sworn before the
solicitor himself shall be insufficient if sworn before his clerk or
partner.
(3) An affidavit may be sworn to either in print or in manuscript,
or partly in print and partly in manuscript.
57. —(1) Where a special time is limited for filing affidavits, Time for
no affidavit filed after that time shall be used, unless by leave of the filing.
Court. r 34
(2) Except by leave of the Court no order made ex parte in Court
founded on any affidavit shall be of any force unless the affidavit on
which the application was made was actually made before the order
was applied for, and produced or filed at the time of making the
motion.
58. The Court shall take judicial notice of the seal or signature of Proof of
any person authorised by or under the Act to take affidavits or to affidavit,
certify to such authority. g. 135.
Stamps.
59. Every officer of a Court who shall receive any document to Defacement
which an adhesive stamp shall be affixed, shall immediately upon the of stamp,
receipt of such document deface the stamp thereon in the High Court g 144
by perforation or in such manner as the Commissioners of Inland
Revenue may from time to time direct, and in a County Court by
writing partly on the stamp and partly on the document the name of
the debtor or in such other manner as the Commissioners of Inland
Revenue may from time to time direct ; and no such document shall

204 APPENDIX.
RULES be filed or delivered until the stamp thereon shall have been defaced
60—68. in manner aforesaid, and it shall be the duty of the party presenting
or receiving such document to see that such defacement has been
duly made.
Application of 60. For the purposes of section 144 of the Act, "bankruptcy"
section 144. shall include any proceeding under the Act whether before or after
S 94 (51 adjudication, and whether an adjudication is made or not, and
' "bankrupt" shall include any debtor proceeded against under the
E- 3- Act.

Ss. 27, 105 (5), Witnesses and Depositions.
126.
Subpoena. 61. A subpoena for the attendance of a witness shall be issued by
the Court at the instance of an official receiver, a trustee, a creditor,
a debtor, or any applicant or respondent in any matter, with or with
out a clause requiring the production of books, deeds, papers, docu
ments, and writings in his possession or control, and in such subpoena
the name of three witnesses may be inserted.
Service of 62. A sealed copy of the subpoena shall be served personally on the
subpoena. witness by the person at whose instance the same is issued, or by his
solicitor, or by any officer of the Court, or by some person in their
employ within a reasonable time before the time of the return thereof.
Proof of 63. Service of the subpoena may, where required, be pfoved by
service. affidavit.
Limit of wit 64. The Court may in any matter limit the number of witnesses to
nesses' cost. be allowed on taxation of costs, and their allowance for attendance
shall in no case exceed the highest rate of the allowances mentioned
in the scale of costs.
Costs of 65. The costs of witnesses, whether they have been examined or not,
witness. may, in the discretion of the Court, be allowed.
Depositions, 66. The Court may, in any matter where it shall appear necessary
for the purposes of justice, make an order for the examination upon
oath before the Court or any officer of the Court, or any other person,
and at any place, of any witness or person, and may empower any
party to any such matter to give such deposition in evidence therein
on such terms (if any) as the Court may direct.
Shorthand 67. If the Court shall in any case, and at any stage in the pro
notes, &c. ceedings, be of opinion that it would be desirable that a person (other
than the person before whom the examination is taken) should be
appointed to take down the evidence of the debtor, or of any witness
examined at any public sitting or private meeting under the Act, in
shorthand or otherwise, it shall be competent for the Court to make
such appointment ; and every person so appointed shall be paid a sum
not exceeding one guinea a day, and where the Court appoints a short
hand writer a sum not exceeding 8d. per folio of 90 words for any
transcript of the evidence that may be required, and such sums shall
be paid by the party at whose instance the appointment was made, or
out of the estate, as may be directed by the Court.
Shorthand 67a. Where the official receiver applies for the appointment of a
writers. person to take down in shorthand the evidence of a debtor on his
E. 125a. public examination, he shall, unless there is a shorthand writer
officially attached to the Court, or in the High Court nominated by
the Judge of the High Court for that purpose, nominate a person for
the purpose, and the person so nominated shall be appointed, unless
the Court shall otherwise order.
Form of 68. An order for a commission or letter of request to examine
commission. witnesses, and the writ of commission or request, shall follow the
forms for the time being in use in the High Court, with such variations
as circumstances may require.

BANKRUPTCY RULES, 1886 AND 1800. 205
69. The Court may, in any matter, at any stage of the proceedings, RTTLES
order the attendance of any person for the purpose of producing any 60—76.
writings or other documents named in the order, which the Court may Production of
think fit to be produced. document.
70. Any person wilfully disobeying any subpoena or order requiring „ „_
his attendance for the purpose of being examined or producing any '
document shall be deemed guilty of contempt of Court, and may be ?8> 349-
dealt with accordingly. Disobedience
71. Any witness (other than the debtor) required to attend for the to order,
purpose of being examined, or of producing any document, shall be Conduct
entitled to the like conduct money and payment for expenses and loss money,
of time as upon attendance at a trial in Court. g 2y (2)

Discovery.
72. Any party to any proceeding in Court may, with the leave of Discovery,
the Court, administer interrogatories to, or obtain discovery of docu- g jq-
ments from, any other party to such proceeding. Proceedings under
this Rule shall be regulated as nearly as may be by the Rules of the
Supreme Court for the time being in force in relation to discovery and
inspection. An application for leave under this Rule may be made
ex parte.
Taking Accounts of Property Mortgaged, and of the Sale thereof.
73. Upon application by motion by any person claiming to be a Inquiry into
mortgagee of any part of the bankrupt's real or leasehold estate, and mortgage, &c.
whether such mortgage shall be by deed or otherwise, and whether
the same shall be of a legal or equitable nature, the Court shall pro
ceed to enquire whether such person is such mortgagee, and for what
consideration and under what circumstances ; and if it shall be found
that such person is such mortgagee, and if no sufficient objection
shall appear to the title of such person to the sum claimed by him
under such mortgage, the Court shall direct such accounts and
inquiries to be taken as may be necessary for ascertaining the prin
cipal, interest, and costs due upon such mortgage and of the rents and
profits, or dividends, interest, or other proceeds received by such
person, or by any other person by his order or for his use in case he
shall have been in possession of the property over which the mortgage
shall extend, or any part thereof, and the Court, if satisfied that there
ought to be a sale, shall direct notice to be given in such newspapers
as the Court shall think fit, when and where, and by whom, and in
what way the said premises or property, or the interest therein so
mortgaged, are to be sold, and that such sale be made accordingly,
and that the trustee (unless it be otherwise ordered) shall have the
conduct of such sale ; but it shall not be imperative on any such
mortgagee to make such application. At any such sale the mortgagee
may bid and purchase.
74. All proper parties shall join in the conveyance to the purchaser, Conveyance,
as the Court shall direct.
75. The moneys to arise from such sale shall be applied in the first Proceeds of
place in payment of the costs, charges, and expenses of the trustee, of sale.
and occasioned by the application to the Court, and of such sale and
attendance thereat, and in the next place in payment and satisfaction,
so far as the same shall extend, of what shall be found due to such
mortgagee, for principal, interest, and costs, and the surplus of the
said moneys (if any) shall then be paid to the trustee. But in case the
moneys to arise from such sale shall be insufficient to pay and satisfy
what shall be so found due to such mortgagee, then he shall be entitled

206 APPENDIX.
RULES to prove as a creditor for such deficiency, and receive dividends
76—84. thereon rateably with the other creditors, but so as not to disturb any
dividend then already declared.
Proceedings 76. For the better taking of such inquiries and accounts, and niak-
on inquiry. ing a title to the purchaser, all parties may be examined by the Court
Ss. 27, 105 (5). upon interrogatories or otherwise as the Court shall think fit, and
Its 66 69 72 sna^ Pr°duce before the Court upon oath all deeds, papers, books, and
■ ' '" ' writings in their respective custody or power relating to the estate or
78, 349. effects of the bankrupt, as the Court shall direct.
Accounts, &c. 77. In any proceedings between a mortgagor and mortgagee, or the
trustee of either of them, the Court may order all such enquiries and
accounts to be taken in like manner as in the Chancery Division of the
High Court.
Discovery of Debtor's Property.
Applications 78. Every application to the Court under section 27 of the Act shall
for discovery, be in writing, and shall state shortly the grounds upon which the
g_ 27. application is made. Where the application is made on behalf of the
trustee, official receiver, or Board of Trade, it need not be verified by
affidavit.
S. 53. Appropriation of Pay, Salary, Pensions, &e.
Notice to 79. When a trustee intends to apply to the Court for an appro-
bankrupt of priation order under s. 53 of the Act, he shall give to the bankrupt
application. notice of his intention so to do. Such notice shall specify the time
and place fixed for hearing the application, and shall state that the
bankrupt is at liberty to show cause against such order being made.
The notice shall be in the Form No. 133 in the Appendix, with such
variations as circumstances may require.
Notice to chief 80. When the application is made under sub-s. (1) of s. 53 of the
of department. Act, a copy of the proposed order shall be sent by the Registrar
to the chief officer of the department under which the pay or salary
is enjoyed, and the application shall stand adjourned until the
written consent of such chief officer is obtained as required by
the Act.
Copy of order 81. Where an order is made under sub-s. (2) of s. 53 of the Act,
to department, the registrar shall give to the trustee a sealed copy of the order, who
shall communicate the same to the chief of the department or other
person under whom the pay, half-pay, salary, income, emolument,
pension, or compensation is enjoyed.
Review of 82. Where an order has been made for the payment by a bank-
order, rupt or by his employer for the time being, of a portion of his income
or salary, the bankrupt may, upon his ceasing to receive a salary or
income of the amount he received when the order was made, apply to
the Court to rescind the order, or to reduce the amount ordered to be
paid by him to the trustee.

Warrants, Arrests, and Commitments,
To whom 83. A warrant of seizure, or a search warrant, or any warrant issued
warrants under the provisions of the Act, shall be addressed to such officer of
addressed. the High Court, or to such high bailiff or officer of any County Court,
S. 51. whether such County Court has jurisdiction in bankruptcy or not, as
the Court may in each case direct.
S. 119. 84. Where a debtor is arrested under a warrant issued under s. 25
Custody and of the Act, he shall be given into the custody of the governor or
production of keeper of the prison, mentioned in the warrant, who shall produce
debtor. such debtor before the Court as it may from time to time direct, and

BANKRUPTCY RULES, 1886 AND 1890. 207
shall safely keep him until such time as the Court shall otherwise BTTLES
order ; and any books, papers, moneys, goods and chattels in the pos- 86—90.
session of the debtor, which may be seized, shall forthwith be lodged
with the official receiver or trustee, as the case may be.
85. An application to the Court to commit any person for contempt Applications
of Court shall be supported by affidavit, and be filed in the Court in to commit,
which the proceedings are. ga 3
86. Subject to the provisions of the Act and Rules, upon the filing (i890), '
of an application to commit, the registrar shall fix a time and place 24 (4), 102 (5).
for the Court to hear the application, notice whereof shall be personally anc[
served on the person sought to be committed, not less than three days ^earine 0f
before the day fixed for the hearing of the application. Provided that application,
in any case in which the Court may think fit, the Court may allow
substituted service of the notice by advertisement or otherwise, or
shorten the length of notice to be given.
87. Where an order of committal is made against a debtor, or Suspension of
against a trustee, for disobeying the order of the Court, or of the issue of corn-
Board of Trade, or of the official receiver, to do some particular act mittal order,
or thing, the Court may direct that the order of committal shall not
be issued, provided that the debtor or trustee, as the case may be,
complies with the previous order within a specified time.
88.—(1) If a debtor or witness examined before a registrar refuses Committal of
to answer to the satisfaction of the registrar any question which he contumacious
may allow to be put, the registrar shall report such refusal in a debtor or
summary way to the Judge, and, upon such report being made, the witness,
debtor or witness in default shall be in the same position and be dealt
with in the same manner as if he had made default in answering before
the Judge.
(2) The report of the registrar shall be in writing, but without
affidavit, and shall set forth the question put, and the answer (if any)
given by the debtor or witness.
(3) The registrar shall, before the conclusion of the examination at
which the default in answering is made, name the time when and the
place where the default will be reported to the Judge ; and upon re
ceiving the report the Judge may take such action thereon as he shall
think fit. If the Judge is sitting at the time when the default in
answering is made, such default may be reported immediately.
(4) The report of the registrar may be in the Form No. 35 in the
Appendix.
Service and Execution, of Process.
89. Every solicitor suing out or serving any petition, notice, Address of
summons, order, or other document, shall indorse thereon his name solicitor for
or firm and place of business, which shall be called his address for service,
service, provided that in proceedings in the High Court, where his
place of business is not within three miles of the principal entrance
of the Royal Courts of Justice, he shall add to his own name or firm
and place of business another proper place, which shall not be more
than three miles from the principal entrance of the Royal Courts of
Justice, which shall be his address for service. All notices, orders,
documents, and other written communications which do not require
personal service shall be deemed to be sufficiently served on such
solicitor if left for him at his address for service.
90. Service of notices, orders, or other proceedings shall be effected Hours for
before the hour of six in the afternoon, except on Saturdays, when service.
it shall be effected before the hour of two in the afternoon. Service
effected after six in the afternoon on any week day, except Saturday,
shall for the purpose of computing any period of time subsequent
to such service, be deemed to have been effected on the following

208 APPENDIX.

RULES day. Service effected after two in the afternoon on Saturday shall
91—99. for the like purpose be deemed to have been effected on the following
Monday.
Duties of 91. It shall be the duty of the high bailiff of a County Court and, in
bailiff, &c. the case of the High Court, of such officers or officer as the Court may
direct, to serve such orders, summonses, petitions, and notices as the
Court may require him to serve ; to execute warrants and other pro
cess ; to attend any sittings of the Court (but not sittings in chambers) ;
and to do and perform all such things as may be required of him by
the Court.
But this Rule shall not be construed to require any order, summons,
petition or notice to be served by a bailiff or officer of the Court which
is not specially by the Act or Rules required to be so served, unless
the Court shall in any particular proceeding by order specially so
direct.
Service by 92. Where notice of an order or other proceeding in Court may be
post. served by post it shall be sent by registered letter.
S. 142. 93. Every order of the Court may be enforced as if it were a judg
ment of the Court to the same effect.
Enforcement
of orders.
S. 100. Trial by Jury.
S. 102. 94. Where upon any application to the Court for a decision on any
Settlement of question, the Court, with or without the application of any person,
issues for trial. shall have directed that a question of fact be tried with a jury, such
question of fact shall be reduced into writing and submitted to the
Court for its approval, and shall, when approved, be called the record
for trial ; but the Court shall have power to allow any amendment
thereof at any time upon such terms as the Court may think fit.
Special or 95. An order of the High Court for the trial of a question of fact
oommon jury. before a jury shall specify the place of trial, and whether it shall be
before a special or a common jury, but the order may be amended
by the substitution of one jury for the other, upon such terms as the
Court may think fit.
Mode of trial. 96. The issues of fact approved by the Court shall be tried, in a
County Court according to the Rules for the time being in force in
R. 101. relation to jury trials in County Courts, and in the High Court in the
same manner as issues of fact are tried in the Queen's Bench Division.
Such issues may be tried either before the Judge of the High Court,
or otherwise as the Court may direct.
97. Where such issues are ordered to be tried in the Queen's Bench
Trial of issues Division
■of fact in the otherwise than before the Judge of the High Court, they shall
Queen's Bench be tried as if they were issues of fact sent down by a Judge of the
Division. Chancery Division for trial in the Queen's Bench Division, and the
verdict or finding of the jury shall be indorsed by the proper officer on
the record for trial, and returned by him to the senior bankruptcy
registrar of the High Court.

S. 92, Sittings of County Court.
Place. 98. Subject to the orders of the Lord Chancellor, the place of sitting
of each County Court having bankruptcy jurisdiction shall, for the
purpose of such jurisdiction, be the town in which the Court now holds
or may hereafter hold its sittings for the general business of the Court,
under the provisions of the County Courts Acts.
Times. 99. Subject to the provisions of s. 92 of the Act, and until any such
order as is therein mentioned be made by the Lord Chancellor, the
times of the sitting of each County Court in matters of bankruptcy
shall be those appointed for the transaction of the general business of

and during vacations of the High Court. or on which the Judge of the High Court may direct it to be closed.B. and expenses shall be allowed. and the action shall. throughout the year. 57 of the Act. Cf. 93. master's 107. 209 the Court. Monday and Tuesday in Easter week. charges. days as the office of the senior registrar shall be closed. The Judge of the High Court. 105 (1). 108.—(1) The Court in awarding costs may direct that the costs of Awarding any matter or application shall be taxed and paid as between party costs- and party or as between solicitor and client. fees. and except also on Saturdays. from ten till trar's office. ' ' 102. when the office may be closed at two o'clock. bring such action in the division to which bankruptcy business is Ss. and disbursements. Any registrar in bankruptcy of the High Court may act for Registrars to any other registrar in any bankruptcy matter pending in the said act for each Court . RULES The appointment of a special day or days for a sitting of the Court in 100—108.110' &c- 105. he shall judge. all other taxable bills in other matters in which the High Court may s. P . 106. assigned. 105(1). 1873. When a trustee. R. 73. Court for the time being in force in relation to execution. Good Friday. in matters taxing-masters under the Act as heretofore have been taxed by the said masters. The office of the senior bankruptcy registrar of the High Senior regis- Court shall be kept open daily. or any day appointed for a public fast or thanksgiving.94 ■ 101. Costs. the r iq5. The bills to be taxed by the bankruptcy taxing-master shall What bills be all such bills of costs. and all proceedings thereon and in relation thereto Execution on shall be regulated as nearly as may be by the Rules of the Supreme orders. pp. 83.Taxing- acted by them in person. 264— 100. 103. or the Court may fix a sum to be paid in lieu of taxed costs. or assigned to by the Rules of the Supreme Court. 102 (4). Provided that during vacations of the High Court the office may be closed at two o'clock. exercise bankruptcy jurisdiction. the Central Office. and shall tax. except on Sunday. or that full costs. four o'clock. 1886 AND 1890. 72 (4). Writs of execution shall issue from the proper department of business. brings an action Actions by in the High Court concerning any matter not specially assigned by trustees the Supreme Court of Judicature Act. unless the High Court otherwise directs. The office of the bankruptcy taxing-master shall be open Office hours of for the transaction of business throughout the year. under s. The office R. charges. bankruptcy shall not prevent the Court from hearing and determining " any bankruptcy matter on any day appointed for the general business of the Court when it may seem expedient so to do. R. R. BANKRUPTCY RULES. senior registrar in any matter in relation to his separate office. shall be open from ten till four. ' s. jjs g g6 be tried by the Judge of the High Court. except on Saturdays. with the approval of the Lord gittines Chancellor. Rules relating to the Business of the High Court. when the office may be closed at two o'clock. Christmas Day. Ss. and any such registrar in bankruptcy may also act for the other. to a division other than that to bankruptcy which bankruptcy business is for the time being assigned. shall regulate the bankruptcy sittings and vacations of the High Court. S. Saturday after Good Friday. subject ' to the revision of the Court. 104. The business of the bankruptcy taxing-masters shall be trans. except on such taxing-master. unless the Judge of any such Court shall otherwise order.^ specially referred to them for taxation by any County Court. or Acts amending it. 103. and such taxable bills as may be g ^ .

The solicitor in the matter of a bankruptcy petition presented costs in case by the debtor against himself shall. 110. Registrar to 111. and the amount disallowed on such re-taxation shall. according to Form No. Bills of costs 115. namely. (3) Where an action is brought against an official receiver or trustee in bankruptcy as representing the estate of the debtor. tained to be less than the amount at which they have been certified. 142 in the Appendix. shall be sealed. In a County Court costs shall be taxed by the registrar in tax in person. ascer tified amounts. I of the scale of solicitor's costs as likely or assets realise not likely to realise the sums therein mentioned. 93. costs if estate the(2)estimated Subject to the provisions of No. Every taxing officer shall keep a register of all bills taxed by bills taxed. Upon the taxation of any bill of costs. RULES (2) Tn the absence of any express direction costs of an opposed 109—116. and shall. and the gross pro less than cer ceeds of the assets are. 141 in the Appendix. within . in his bill of costs. subject to these Rules. duly stamped shall be signed and dated by the taxing-master or S. I. and if in error any charges have been allowed or paid on the higher scale. on the application of any other party thereto. or expenses to be filed. The costs directed by any order to be paid shall be taxed on Taxation of production of an office copy of such order. —(1) The scale of costs set forth in the Appendix. Costs paid 114. officer. Eegister of 116. otherwise than out of the estate of the bankrupt. filed with the proceedings. three-fifths of the charges ordinarily allowed. he shall not be personally liable for costs unless the Court otherwise directs. to the taxation and allowance of costs and charges in all proceedings Lower scale of under the Act and these Rules. Every order for payment of money and costs. the taxing officer shall forthwith file such bill with the proceedings in the matter. apply S. and the gross proceeds of the assets shall be ascertained not to exceed three hundred pounds. and the and charges. or where an official receiver or trustee in bankruptcy is made a party to a cause or matter. Scale of costs 112. him. motion shall follow the event. being completed. Post.210 APPENDIX. Solicitor's 113. No fee shall be chargeable on such re- taxation. or certificate of taxation. debtor. p. where assets of the debtor do not exceed the sum of three under £300. or either of them. sealed. and it appears by such order that the costs are to be paid out of estate. 121. which shall be in the Form No. charges. 268. shall. and shall thereupon issue to the person presenting such bill for taxation his allocatur. and be signed by a registrar. 105 (1). Where the assets of a debtor have been certified under para of costs when graphs (6) or (c) of No. Orders to be 109. shall be repaid to the trustee. on the application of the trustee. and shall be taxed as between party and party. the excess shall be disallowed. after taxation and payment of the costs. a lower scale of solicitor's costs shall be allowed in all proceedings under the Act in which costs are payable out of the estate. disburse ments being added . and if paid. E. of the scale of costs. the taxing officer shall specially note upon the allocatur by whom. and shall be forthwith and filed. and the allocatur being costs. hundred pounds. give credit for of petition by such sum or security (if any) as he may have received from the debtor. regulations contained in such scale. such costs are to be paid. or the manner in which. person. as a deposit on account of the costs and expenses to be incurred in and about the filing and prosecution of such petition . Ee-taxation 112a. When a bill of costs is taxed under any special order of the otherwise than Court. and the amount of any such deposit shall be noted by the taxing officer upon the allocatur issued for such costs. the bill of costs shall. be refunded to the trustee. if paid. be retaxed.

on application either of the official receiver or the trustee. 1886. and unless such bill of costs is brought in for taxation within one month from the date when the sheriff makes such delivery. a copy of the resolution or other autho rity sanctioning the employment. and See R. The official receiver shall call the attention of the trustee to any items which. 211 fourteen days of the 31 st day of December in each year. all bills taxed by him during the twelve months preceding such 31st day of December. or person affected by. on payment at the rate of 4d. as the case may be. a Sheriff's costs. make a return RULES to the Board of Trade. 143 in the Appendix. on receiving notice of taxation. and such appli. 1886 AND 1890. 118. the sheriff shall. 1890 " respectively. bring in such costs for taxation. 119a. the appointment of a trustee. special terms of remuneration have been agreed to. eation is not made at the time of the proceeding— (1) Such party or person shall serve notice of his intended applica tion on the official receiver. lodge such bill or charges with the proper taxing officer. shall be Sheriff's costs. 121. broker. Certificate of accountant. signed by the official receiver or trustee. which shall be taxed by the tion. require any Taxation of costs which a sheriff has deducted under section 40 (2) of the Act sheriff's costs to be taxed. The bill or charges. any proceedings Applications desires to make an application for an order that he be allowed his for costs. within seven days from the date of the after deduc- request. setting forth whether any. 122. and in the case of the bill of costs of a solicitor. BANKRUPTCY RULES. in his opinion. and the term "goods" in the said Rule 118 shall be deemed to include money. taxing officer of the Court having jurisdiction in the bankruptcy . auctioneer. 1890. 123. Rules 118 and 119 of the Bankruptcy Rules. 117. Before taxing the bill or charges of any solicitor. and if so what. manager. pursuant to section 46 (1) of the Act. receiver or trustee. 119. as the case may be. bring in his bill of costs for taxation. Where any party to. In any case in which. or any part of them. according to Form No." and "section 11 (2) of the Bank ruptcy Act. shall be lodged with the trustee. tax the same to the official receiver and to the trustee (if any). on the trustee : (2) The official receiver and trustee may appear on such application and object thereto : P 2 . per folio. the official receiver or trustee may decline to pay the same. The official receiver or the trustee. or other person employed by an official employment. Every person whose bill or charges is or are to be taxed shall Notice of in all cases give not less than seven days' notice of the appointment to appointment. of 117—123. three clear days before the application for the appointment to tax the same is made. if incurred prior to the appointment of a Lodgment of trustee. 119a. furnish a copy of his bill or charges so to be taxed. and if incurred after bill. read as though there were substituted therein for the words " section 46 (1) of the Act. to be produced to him. shall be lodged with the official receiver. costs. and. Copy of bill. 105 (1). the taxing officer shall require a certificate in writing." and "section 46(2) of the Act. any amount disallowed on such taxation shall forthwith be paid over by the sheriff to the official receiver or trustee as the case may require. 120. If the official receiver or trustee shall." the words "section 11 (1) of the Bankruptcy Act. sheriff is required to deliver goods to an official receiver or trustee. such gge ^ ngA sheriff shall. which payment may be charged to the estate. if a trustee has been appointed. shall forthwith. in writing. without delay. which shall be taxed by the taxing officer of the Court having juris diction in the bankruptcy . incident to such proceeding.s. Every person whose bill or charges is or are to be taxed shall. ought to be disallowed or reduced.

charges pay shall. 189a (4). 147. tecting the property or assets of the debtor. unless the Court is satisfied that the application could " not have been made at the time of the proceeding. RULES (3) No costs of or incident to such application shall be allowed to 124. under the Scale of Pees for the time being in force. subject to any order of the Court. the official receiver : . the applicant. „ The deposit or deposits lodged on any application for the appointment of an interim receiver : S.. charges. The assets in every matter remaining. The Board of Trade shall give to the person whose bill of costs is to be reviewed notice of the time appointed for the review. upon the review of the taxation. Priority of 125. or any part 324. and any other fees payable to. First. the Board of Trade Trade. the bill is allowed at a lower sum than the sum allowed by the registrar of the County Court. of the Scale of Fees . charges. percentages. is required to be affixed to the copy of the cash book when forwarded for audit : R. or other person entitled thereto. or disbursements of taxation by any solicitor. and any expenses or outlay incurred by him or by his authority in carrying on the business of the debtor : Next. or costs. The taxed costs of the petitioner : . . after payment of the costs and actual expenses incurred in realising any of the assets of the debtor. such taxation. The certificate of the taxing-master shall in every case of a review by him under this Rule be a sufficient authority to entitle the person to whom the amount disallowed ought to be repaid to demand such amount from the person liable to repay the same. or other person Board of has been taxed by a registrar of a County Court. 125. and expenses incurred or authorised by. master of the High Court. fees. or the trustee. (5) There shall be allowed to the person whose bill is reviewed such costs of and incidental to his appearance on the review as the bank ruptcy taxing-master of the High Court shall think proper. auctioneer. the registrar of the County Court shall (if required by the taxing- master) forward to the said taxing-master the bill which is required to be reviewed. Review of 124. (4) The Board of Trade may appear upon the review of the taxa tion . (3) Where any such review of taxation as is above mentioned is required to be made by a bankruptcy taxing-master of the High Court.212 APPENDIX. be liable to the following able out of payments. and if. accountant. „ The deposit or deposits lodged by the petitioning creditor pursuant to these Rules : Rs. which shall be made in the following order of priority. The fees. namely :— S. and shall apply to the taxing-master of the High Court to appoint a time for the review of such taxation. —(1) Where any bill of costs. and thereupon the taxing-master of the High Court shall appoint a time for the review of.. the amount disallowed shall (if the bill has been paid) be repaid to the official receiver. 105 (1). 343. may require the taxation to be reviewed by a bankruptcy taxing- R. estate. broker. 12 (3). The fee which. and such costs shall be paid to such person out of the estate : provided that the costs of the attendance of a principal shall not be allowed if in the opinion of the taxing-master he could have been sufficiently repre sented by his London agent. and charges payable under Table B. thereof. 104. „ The remuneration of the special manager (if any) : R. and also the file of the proceedings. The actual expenses incurred by the official receiver in pro Rs. (2) In any case in which the Board of Trade requires such a review of taxation as is above mentioned they shall give notice to the person whose bill has been taxed. and shall review. manager. 170—5.

40 (3).. the Apportion- costs payable out of the estates incurred up to and inclusive of the ment of costs receiving order shall be apportioned between the joint and separate in case of estates in such proportions as the official receiver may in his discretion partnership. and any part of the costs or charges of the joint estate incurred after his appointment which affects any separate estate out of that separate estate. 1886 AND 1890. 127. the trustee.. or one or more of them. affairs: . The remuneration and charges of the person (if any) appointed RULES to assist the debtor in the preparation of his statement of 125A—128. 105 (1).. 128. the debtor tiles a petition.. and shall be payable out of the estate of the bankrupt in the order of priority in which such expenses are payable under the provisions of Rule 125 of the Bankruptcy Rules. pay or direct the trustee to pay any costs or charges properly incurred. In any case in which. estate has benefited thereby. . Any allowance made to the debtor by the official receiver : „ The taxed charges of any shorthand writer appointed by the 8. —(1) Where the joint estate of any co-debtors is insufficient to Costs out of defray any costs or charges properly incurred prior to the appointment joint or sepa- of the trustee. may pay such costs or charges out of the separate estates of such co-debtors. unless in the opinion of the Court the petition. and a receiving order is made unnecessary on the petition of the debtor. No payment under this Rule shall be made out of a separate estate or joint estate by a trustee without the consent of the committee of inspection of the estate out of which the payment is intended to be . with such consent as hereinafter mentioned. 1880. 326. after his appointment out of the joint estate. Any allowance made to the debtor by the trustee with the sanction of the committee of inspection : . The trustee's necessary disbursements other than actual gee jj 5\ expenses of realisation heretofore provided for : . the official receiver may pay or direct the trustee to rate estates. for any separate estate out of the joint estate or out of any other separate estate. 70 (2). and before the hearing of of costs of such petition. (2) Where the joint estate of any co-debtors is insufficient to defray any costs or charges properly incurred after the appointment of the trustee. prior to the appointment of the trustee. The costs of any person properly employed by the trustee with the sanction of the committee of inspection : . the costs of such notes shall be deemed to be gjA_ an expense incurred or authorised by the official receiver. in such proportions as in his discretion the official receiver may think fit. In the case of a bankruptcy petition against a partnership. The remuneration of the trustee : . S. make it just that such costs should be allowed. Where at the instance of the official receiver a shorthand Costs of short- writer is appointed to take notes of the examination of the debtor at hand notes. with the said consent. pay such costs or charges out of the separate estates of such co-debtors. 213 Next. BANKRUPTCY RULES. 125a. 126. Court : R. determine. or one or more of them... as in his discretion he may think fit. and any part of the costs or charges of the joint estate incurred prior to the appointment of the trustee which affects any separate estate out of that separate estate. his public examination. The trustee. The official receiver may also. subject to the approval of the Board of Trade. after a bankruptcy petition has been Disallowance presented by a creditor against a debtor. may also pay any costs or charges properly incurred for any separate estate. no costs shall be allowed to the debtor or his solicitor out of the estate. The actual out of pocket expenses necessarily incurred by the committee of inspection. or there are special circumstances which S.

who shall mark thereon the date when received and forthwith file the same with the proceedings. Interlocutory 134a. incidental thereto. (3) No appeal shall be brought in respect of the omission by the Court appealed from to exercise any discretionary power. a copy of the notice of appeal shall appeal. The said period shall be calculated from t^e time at which the order is signed. Upon entering an appeal. giyel1 by the Judge of the High Court for the time being exercising bankruptcy jurisdiction. forthwith be sent by the appellant to the registrar of the court appealed from. or. Subject to the powers of the Court of Appeal to extend the appeal. if such committee withhold or refuse their consent. 351. At or before the time of entering an appeal the party in costs of tending to appeal shall lodge in the High Court the sum of twenty appeal. to the Court of Appeal from any order made by consent. shall be regulated by Order LVIII. from the date of such refusal. S. Court. may be 47 Vict. Subject to the foregoing Rules. 9. 104. 1883. and these Rules. (2) Except by leave of the Court no appeal to the Court of Appeal shall be brought from any order relating to property when it is apparent from the proceedings that the money or money's worth involved does not exceed £50. transmit to him the file of proceedings in the matter under appeal. no appeal to the Court of Appeal E. appeals to the Court of Appeal appeals. have the same meaning as in these Rules. Where there is an appeal to the High Court from an order motions on of a County Court in a bankruptcy matter. 3. of the Rules of the Supreme E. any costs that the appellant may be ordered to pay. or on application made at the hearing. upon the ceedings. Appeals. The registrar of the Court appealed from shall. RULES made. entered. 1883.] . Provided that the Court of Appeal may in any special case increase or diminish the amount of such security or dispense therewith. Time for 130. [See R. 183a. time under special circumstances. not involving the decision of the appeal. in the case of the refusal of an application. Appeals from County Courts. in so far as the same may extend.—(1) Except by leave of the Court there shall be no appeal on appeal. 3. or otherwise perfected. or as to E. Restrictions 129. Procedure on 134. anil any Rules amending the same .214 APPENDIX. application of the senior registrar of the High Court. unless the Court shall in its judgment. File of pro 133. and in the said Order and Rules amending the same the term " Court of Appeal" shall. from any order of the Court shall be brought after the expiration of twenty-one days. for the purposes of the Bankruptcy Act. but any such order or direction may be dis charged or varied by the High Court. Notice of 132. in which case the refusal may be made a ground of appeal. have expressly refused to exercise such power. any order or direction appeal. or. Security for 131. without 189—184A. an order of the Court. pounds to satisfy. costs only. c.

a bank. and witnessed. Proceedings from Act of Bankruptcy to Discharge. 136. issued by a wrong Court. If the application cannot be heard until after the expiration of the time specified in the notice as the day on which the act of bankruptcy will be complete. and not less than three days before the day so fixed shall give notice thereof both to the debtor and the creditor. on the application of the debtor. &c. When the Court makes an order setting aside the bankruptcy Setting aside notice. shall fix the time. order the notice to be set aside on such terms as to costs or otherwise as may be just. a day for hearing the application. 215 UTILES PART II. . desirous that a bankruptcy notice may be issued. (3) A bankruptcy notice shall not be invalid by reason that it is S. 135. The filing of such affidavit shall operate as an application to Application to set aside the bankruptcy notice. 139. and no act of bankruptcy shall be deemed to have been committed under the notice until the application has been heard and determined. and thereupon the registrar shall fix set aside. 137. 4 (2). bankruptcy petition against the debtor might be hied. The witness shall be a solicitor. 5 in the Appendix. (2) There shall also be indorsed on every bankruptcy notice an intimation to the debtor that if he has a counter-claim. 138 —(1) Every bankruptcy notice shall be indorsed with the name Indorsement and place of business of the solicitor actually suing out the same. Subject to the power of the Court to extend the time. signed. the registrar shall extend the time. or if of address. Issue of notice. Bankruptcy Notice. A bankruptcy notice shall be served. he must within the time specified in the notice. The creditor shall at the same time lodge with the registrar two copies of the bankruptcy notice to be sealed and issued for service. shall produce to the registrar an office copy of the judgment on which the notice is founded and file the notice. BANKRUPTCY RULES. if known. and their respective solicitors. with such varia tions as circumstances may require. but in such case the Court may. ruptcy notice to be served in England shall be served within one month from the issue thereof. and shall be in the Form No. when issuing the notice. 1886 AND 1890. with a memorandum that it is sued out by the creditor in person. |s. and service thereof shall ^J^g8 ° be proved in the like manner as is by these Rules prescribed for the jjs jj3 6 service of a creditor's petition. 95. or justice of the peace. and which he could not have set up in the action in which the judgment was obtained. 260. no solicitor be employed. which shall be in Form No.I84'"1' 141.—(1) A bankruptcy notice shall be in the Form No. file an affidavit to that effect with the registrar. together with a request for issue. A declaration by a debtor of his inability to pay his debts Form of shall be dated. 4 (1 /). 135—142. In the case of a notice served elsewhere the registrar. Declaration of Inability to pay Debts. or an official ^ receiver or registrar of the Court. with such variations as circumstances may require. in the Appendix. ' 142. 3 declaration. 6 in the What Court Appendix. to issue. (2) A bankruptcy notice may be issued by any Court in which a S. or cross-demand which equals or exceeds the amount of the judgment debt. Duration of 140. (3) In the case of a notice served in England the time shall be three days. s. with such variations as circumstances may require.notice. if it think fit. A creditor. set-off.

10 in the Appendix. Creditor's Petition. to the creditor. 259. as the case may be. or partly petition. 183. Attestation. or by a creditor the petitioner shall deposit with the official receiver Es. 4. England the witness must be a judge or magistrate or a British consul or vice-consul or a notary public. A petitioning creditor who is resident abroad. Every bankruptcy petition shall be attested. Security for 148. Ss. in addition to stating in the petition the description of the debtor. and address of besides inserting therein his name and description. with such variations as circumstances may require. further describe himself as lately residing or carrying on business at the address or several addresses. 357. and his address at debtor. If it be attested S. Bankruptcy Petition. and resided within the district of another Court. 216 APPENDIX. or whose estate costs. except so far as may be necessary to adapt a printed form to the circumstances of the particular case. and a creditor's petition shall be in Form No. 6—8. or erasures shall be made without the leave of the registrar. Description 144. the petitioning creditor. in the petition. —(1) Upon the presentation of a petition either by the debtor petitioner. (2) The official receiver shall account for the money so deposited S. and any sum so paid by a petitioning creditor shall be repaid to such creditor (except and so far as such deposit may be required by reason of insufficiency of assets for the payment of the fees of and expenses incurred by the official receiver) out of the proceeds of the estate in the priority prescribed by these Rules. where a petition. it may at the same time declare that no act of bankruptcy has 143—148. S. debtor has for the greater part of six months next preceding the presentation of a bankruptcy petition carried on business within the district of one Court. Deposit by 147. 135. to cover the lees and expenses to be incurred by the official receiver . as the case may be. —(1) Where a petition is presented by a debtor he shall. Place for filing 145. If it be attested out of R. and no alterations. and such further sum (if any) as the Court may from time to time direct. in England the witness must be a solicitor or a justice of the peace or an official receiver or registrar of the Court. Subject to the provisions of section 95 of the Act. 105 (1). Es. 125. as of his then present address and description. A debtor's petition shall be in Form No. at which he has incurred debts and liabilities which at the date of the petition remain unpaid or unsatisfied. Every petition shall be fairly written or printed. the date when the petition is presented. and no petition shall be received unless the receipt of the official receiver for the deposit payable on the presentation of the petition is produced to the proper officer of the Court. interlineations. is vested in a trustee under any law relating to bankruptcy. shall. (2) Where a petition is presented against a debtor who resides or carries on business at an address other than the address at which the debtor was residing or carrying on business at the time of contracting the debt or liability in respect of which the petition is presented. written and partly printed. 7. 146. or. to the debtor's estate. Form of 143. or . HTTLES notice. 148. describe the debtor as lately residing or carrying on business at the address at which he was residing or carrying on business when the debt or liability was incurred. the petition shall be filed in the Court within the district of which he has carried on business. been committed by the debtor under such notice. the sum of five pounds.

Hearing of Petition. the Court may extend the time for hearing the petition. After the presentation of a creditor's petition. . of all the statements which are within his own knowledge . Service of the petition shall be proved by affidavit. A creditor's petition shall be personally served by delivering Personal to the debtor a sealed copy of the filed petition. it shall not be necessary that each creditor shall depose to the truth 258 264. manner and form as it shall think fit. service of petition.259. When the petitioning creditor cannot himself verify all the B. S. ability to pay his debts. or by the creditor or his solicitor. effected. 149. on such terms. Service of Creditor's Petition. or by some Substituted person in their employ . bailiff of the Court. 260. the statements in the of petition. the Court may order service to be Death of effected on the personal representatives of the debtor. BANKRUPTCY RULES. If a debtor against whom a bankruptcy petition has been filed dies before service thereof. 6 (lrf). someone within whose knowledge it is. A petition shall be served upon the debtor by an officer or Rs. or service of any other legal process. S.—(1) Where a petition is filed by a debtor. E. or if ^ 140 the Court is satisfied by affidavit or other evidence on oath that the debtor is keeping out of the way to avoid such service. S.258. witnesses may be summoned to prove the same. or on such other debtor before persons as the Court may think fit. and where some of the statements in the petition cannot be verified by affidavit. it may order substituted service to be made by delivery of the petition to some adult inmate at his usual or last known residence or place of business. 8. S. 153. Who to verify. or that for any other cause prompt personal service cannot be effected. may be ordered to give security for costs to the debtor. if any. forthwith after the service. bankruptcy alleged is that the debtor has filed a declaration of in. or by registered letter. the Service out of Court may order service to be made within such time and in such jurisdiction. Every creditor's petition shall be verified by affidavit. sealed and issued to the petitioner. or where it is proved to the satisfaction of the Court that the debtor has absconded. petition shall be investigated by the registrar. 155. 157. 151. 108. or who Court to behaspaid made RULES by 148 15l7- him to the debtor. 7 (1). Provided that where the act of S. or in such other manner as the Court may direct. S. he shall file in support of the lo9- petition the affidavit of some person who can depose to them. 156a.Rs. 148. 217 against default whom a petition in payment is costs of any pending underbytheany ordered Act. provided that if personal service cannot be service. statements contained in his petition. and that such petition shall then be deemed to have been duly served on the debtor. 7. Where a debtor petitioned against is not in England. or in any other case for good eause shown. Proceedings (2) A creditor's petition shall not be heard until the expiration of on Petltl0U- eight days from the service thereof . 150. but it Joint peti- shall be sufficient that each statement in the petition is deposed to by tioners. the Court shall S " 7 ' forthwith make a receiving order thereon. and Verification when it is filed there shall be lodged with it two or more copies to be and copies. 154. and before Investigation sealing the copies of the petition for service. whicl} shall be filed in Court service. n3) 261. 152. hear the petition at such earlier date as the Court may deem expedient.. service. 1886 AND 1890. the Court may. with a Proof of sealed copy of the petition attached. as the Court may think fit to impose. 136. Where a petition is presented by two or more creditors jointly. 156.

if known. if the application appears to the Court to be reasonable. and the registrar on the production of the judgment of the Court in which the question was tried. Debtor in 160. grant such further time as the Court may think tit. attendance of 164. a copy of the notice three days before the day on which the petition is to be heard. make a receiving order on such proof of the statements in the petition S. and separately or collectively as to the respondents not then served according as service upon them is effected. and further time shall be desired to show cause. Non-appear 161. petition which he intends to deny or dispute. and act of bankruptcy or other material dispensed with. and transmit by post to the petitioning creditor and his solicitor. shall be presented by the same S. shall give notice to both the petitioner and debtor (and to their respective solicitors. or an office copy thereof. Appearance 162. or any witness or witnesses to such matters shall not be present for cross-examination. and where the petition has not been served hearing. the Court may ance of debtor. registrar on production of the judgment of the Court in which the question was tried. the registrar may from time to time alter the first day so appointed. The registrar shall appoint the time and place at which the 158—166. alone or jointly with any other person. Proceeding 165. if known. Where proceedings on a petition have been stayed for the trial after trial of the question of the validity of the petitioning creditor's debt. the petition may K. and if any new evidence of those matters. no subsequent ance of petition against the same debtor or debtors. (6). rules as to service shall be observed with respect to each respondent. 7 (2). of the question of the validity of the petitioning creditor's debt. 115. intends to dispute shall be proved. and such question has been decided against the validity of the debt. such of those matters as the debtor shall have given notice that he S. and appoint another day and hour. Application to 166. statements. creditor in respect of the same act of bankruptcy without the leave of Personal the Court to which the previous petition was presented. the Court shall. if known) by post of the time and place fixed for the hearing of the application. If the debtor does not appear at the hearing. 7 (5). or an office copy thereof. be dispensed with. be heard separately or collectively as to the respondent or such of the respondents as has or have beau served. the petitioning creditor's debt. Where there are more respondents than one to a petition the spondents. and the S. The personal attendance of the petitioning creditor and of the creditor when witnesses to prove the debt. On the appearance of the debtor to show cause against the of debtor to petition. the debtor may apply to the registrar to fix a day on which he may apply to the Court for the dismissal of the petition with costs. Several re 159. RULES 158. or any of them. Where a debtor intends to show cause against a petition he tending to shall tile a notice with the registrar specifying the statements in the show cause. upon the hearing of the petition. question. If any creditor neglects to appear on his petition. petition will be heard. and notice thereof shall be written on the Time of petition and sealed copies. 7. but where all the respondents have not been served. or show cause. Ill. 7 (7). the petitioning creditor may apply to the registrar to fix a day on which further proceedings on the petition may be had. either creditor. and also to their respective solicitors. Ss. shall give notice to the petitioner by post of the time and place fixed for the hearing of the petition. and the act of bankruptcy. and of disputed such question has been decided in favour of the validity of the debt.218 APPENDIX. and a like notice to the debtor at the address given in his notice to dispute. Where proceedings on a petition have been stayed for the trial dismiss. . or any of them. as the Court shall think sufficient. 260. shall be given. Non-appear 163. may. if the Court shall think fit.

172. 219 167. 174.ULES be in writing. such interim receiver was appointed. but in every such case. . Interim Receiver. unless the jj 351' Court is satisfied that such extension of time will not be prejudicial _ . on the application of the official receiver. If the sum of £'5. application therefor shall deposit with the official receiver the sum of £5 towards the prescribed fee for the official receiver. state the locality of the property of which the official receiver is ordered to take possession. Court may. missed. On an application for extension of time for the hearing of a f0^Ttension petition. shall prove deposit if to be insufficient. the Court shall either make a receiving order or dismiss the petition. such order shall bear contents of the number of the petition in respect of which it is made. and such further sum so to be deposited for Further the expenses which may be incurred by the official receiver. the person who has made the Deposit. made. the S. 171. from time to time direct . except for the reasons set forth in Rule 162 of these Rules. and such further sum as the Court shall direct for the expenses which may be incurred by him. the petition is dismissed. after an order has been made appointing an interim Damages if receiver. or any part thereof. and such decision or order shall be final and conclusive between the parties. and upon such terms as may be just. and the expenses incurred by the interim receiver]. and shall order. If an order appointing an interim receiver is followed by a Repayment receiving order. . on whose application the order has been necessary. 7 " . upon the application of Appointment a creditor. 1886 AND 1890. 168. . After the expiration of one month from the day appointed for Adjournments the first hearing of a petition (provided such petition shall have been of hearing. If such additional sum shall not be so deposited. shall from time to time deposit with the official receiver such additional sum as the Court may. with respect to any damages or claim thereto arising out of the appointment. 173. the order appointing the ' interim receiver may be discharged by the Court. adjudicate.. the Court shall. upon application to petition dis- be made within 21 days from the date of the dismissal thereof. unless the order be appealed from. 170. to the general body of creditors. 10. but need not be supported by affidavit unless in any 167—175. or of the debtor himself. make such appointment. and such sum shall be deposited within 24 hours after the making of the order therefor. After the presentation of a petition. if it thinks fit. case the Court shall otherwise require. duly served) no further adjournment of the hearing merely by consent of the parties shall be allowed. Before any such order is issued. shall be repaid to him (except and so far as such deposits may be required by reason of insufficiency of assets for the payment of the fees chargeable. 175. Where an order is made appointing the official receiver to be Form and interim receiver of the property of the debtor. or for such other sufficient reason to be stated in the order for adjournment as the Court shall think fit . . and upon proof by affidavit of °* mtenm sufficient grounds for the appointment of the official receiver as recelver- interim receiver of the property of the debtor. the deposits made by the creditor. the person. and shall make such order as the Court thinks fit . BANKRUPTCY RULES. Any costs occasioned by such e^fension of application shall not be allowed out of the estate unless so ordered by t-me the Court. Where. unless an order for adjournment is made. no order shall be made for an extension beyond fourteen 0{ tjme days from the day fixed for the hearing of the petition. An application for extension of time for hearing a petition shall E. out of the proceeds of the estate in the order of priority prescribed by these Rules. S. 10. on whose application of deposit. 169.

176. 105 (1). and Annulment of Adjudication. (2) When the receiving order is made on a creditor's petition R. but when a receiving order is made. Service of re 179. S. local paper as the Board of Trade may from time to time direct. 182. There may be included in a receiving order an order staying ceedings. 9. An application to the Court to rescind a receiving order or to rescind to stay proceedings thereunder. shall forthwith give notice thereof to the Board of Trade. shall forthwith be sent by post or otherwise by the registrar to the official receiver. 31 and 32 in the Appendix. or dates. with such variations as circumstances may Form and require. or acts. generally. Costs of 183. A receiving order shall not be made against a debtor on a order on bank petition in which the act of bankruptcy alleged is non-compliance ruptcy notice. —(1) Where a receiving order is made in the High Court. any action or proceeding against the debtor or staying proceedings S. the making of a receiving order shall be at the cost of the party Rs. senior bankruptcy registrar. (2) When the proceeds of the estate are not sufficient for the pay ment of any costs necessarily incurred by the official receiver (in excess of the deposit) between the making of a receiving order and the conclusion of the first meeting of creditors. 176—183A. or during a stay of the proceedings thereon . Stay of pro 181. and order for the appointment of the official receiver as interim receiver of a debtor's property. of the act. (2) The official receiver shall forthwith send notice thereof to such 280—1. Transmission 178. or where the notice has been set aside. sealed with the seal of the court to be served on the debtor. 125. 177. s. with such variations as circumstances may require. BULES Receiving Order. 5. 147 prosecuting the same. sealed with the seal of the Court. of the petitioning creditor (including the costs of the bankruptcy notice (if any) sued out by him) shall be taxed and be payable out of the proceeds of the estate. in the order and priority prescribed by these Rules. (3) The notices shall be in the Forms Nos. the Court may order such costs to be paid by the party prosecuting the proceedings. . 193 (2). &c. but in such case the petition shall be adjourned or dismissed as the Court may think fit. S. Where the petitioner is represented by a solicitor the receiving order shall be endorsed with the name and address of such solicitor. —(1) All proceedings under the Act down to and including petition. The official receiver shall cause a copy of the receiving order ceiving order. hearing of the application. may be partly in print and partly in writing. where such Cf. Rescission of Receiving Order. or in default of such direction as he may select. the costs —8. of bankruptcy upon which the order has been made. there shall be stated in the receiving order the nature and date. or to annul an adjudication. Preparation. —(1) A receiving order shall be in one of the Forms Nos. cial receiver. the Advertisement. 262. A copy of every receiving order and order for the appointment of copy to offi of the official receiver as interim receiver of the debtor's property. debtor shall have applied to set aside such notice until after the Rs. shall be prepared by the registrar. 28 and 29 in the Appendix. and in cases in which printed forms can be conveniently used. and in a County Court the registrar. Every order shall contain at the foot thereof a notice requiring the debtor to attend on the official receiver forthwith on the service thereof at the place mentioned therein. 357.220 Ari'ENDIX. contents. shall receiving not be heard except upon proof that notice of the intended application. with a bankruptcy notice within the appointed time. 139. Rs. Receiving 180. Application 183a. 4 (2). Every receiving order. 142.

" and shall order the debtor to attend the court upon such day and at such hour. 35. and no good cause is shown by him for such failure. dealings. and shall forward notice of such order to the Board of Trade to be gazetted. or where the debtor has failed to attend the public sine die. unless the official receiver or trustee. advertising. notice less of anyseven such days application before shall be served namedon in the the official ~j *? 7 stay receiver not than the day notice or"er> for hearing the application. or where the debtor has not S. 221 and a copy of the affidavits in support thereof. conduct. the expense of gazetting. The balance of the deposit after defraying the expense aforesaid shall be returned to the debtor. as the case may be. Gazette. have been duly served BTJLES upon the official receiver. Cited in the rules of 1890 as 134a . position. and without any further notice to the debtor. appoint the day and hour for such public examination. complied with any order of the Court in relation to his accounts. 194. it shall attending. the debtor. g ^ >j\ by an order. and notice shall also be inserted in the London S. Where an examination has been adjourned sine die. BANKRUPTCY RULES. upon such application being made. and the Proceedings debtor desires to have a day appointed for proceeding with his public after adjourn- examination. or in default of such direction as he may think fit. In any case in which a public examination has been adjourned Notice of pro- sine die. 17 (3). to creditors of the day to be appointed for proceeding with such examination shall. consents to the costs being paid out of the estate. the official receiver shall creditors of serve a copy thereof on the debtor. upon its being proved to the satisfaction of the Court that the order requiring the debtor to attend the public examination was duly served. or to make such other order as the Court shall think just. 17. the Court shall. and the Court afterwards makes an order for proceeding with ceeding after such public examination. and no good cause is shown by him for such failure. 1886 AND 1890. 189. Unless the Court gives leave to the 184—189. When a receiving order has been made against a debtor. adjudication. R. and property. it seems properly placed in this S. the Court may adjourn the public examination sine die. and in the local paper in which the notice of the first holding . who shall. be lawful for the Court. before any day is appointed for pro ceeding with the public examination. [hereunder the Court may make an interim order staying such of the proceedings or to annui as it thinks fit. The official receiver shall also send a notice of such order to such local paper as the Board of Trade may from time to time direct. and of the time and place appointed thereby. and shall give to the creditors examination. notice of such order. 188.adjournment pointed for proceeding with such public examination shall be sent by s*ne die- the official receiver. deposit with the official receiver such sum as the official receiver shall think sufficient to defray the expense aforesaid. to issue a warrant for his arrest as provided by section 25 (1) (d) of the Act. and giving notice ment sine die. g 184. Where the Court is of opinion that a debtor is failing to Adjournments disclose his affairs. ■ Public Examination of Debtor. examination or any adjournment thereof. If the debtor fails to attend the public examination at the Default by time and place appointed by any order for holding or proceeding with debtor in the same. it Time for shall be the duty of the official receiver to make an application to the holding public Court to appoint a day and hour for holding the public examination of examination. 185. notice to creditors of the time and place ap. 186. Where any order is made appointing the time and place for Notice to holding the public examination of a debtor. contrary. and may make such further or other order as the Court shall think fit. Pending the hearing of the application. be at the cost of the debtor. 187. and.

—(1) An order of adjudication shall be in the Form No. on the ground that a lunatic. except in the case of a lunatic so found by inquisition. as the case may be. and the debtor has not previously been adjudged bankrupt. 222 APPENDIX.. (3) Where the application is made by some person other than the official receiver. Public exami 189a. Adjudication. forthwith adjudge the debtor bankrupt. does not intend to propose a composition or scheme. he shall before any order is made on the application. the Court may. 41a or the Form No. adjudge of debtor. the Court may. the contents of which report shall be received as prima facie evidence of the matters therein stated. him bankrupt. or in any of the other cases mentioned in the Act. appointed. Adjudication 192. the ment of public Court may forthwith. (5) The order to be made on the application shall be in the Form No. 55 in Form and the Appendix. either on the ap plication of a creditor. b. or one adjournment thereof. made by the official receiver. Adjudication 191. the Court may. . 2. Where a composition or scheme is not accepted by the creditors on failure of at the first meeting or at one adjournment thereof. or that the debtor S. (2) Where the application is made by the official receiver. or scheme. of which notice shall be given to the official receiver and trustee (if any). and the evidence in support of the application may be given by a report of the official receiver to the Court. with such variations as circumstances may require. the debtor is a lunatic or suffers from mental or physical affliction or S. At the time of making a receiving order. the expense of holding the examination shall be deemed to be an expense incurred by the official receiver within the meaning of Rule 125 of the Bankruptcy Rules. or where the official receiver parties. and without any notice to the debtor. Where the application is made by any other person. seven days before the day- 189A—193. it may be made ex parte. be supported by an affidavit of a duly registered medical practitioner as to the physical and mental condition of the debtor. adjudge the debtor bankrupt. (4) Where the order is made on the application of the official receiver. adjudge examination him bankrupt. 16 (3). Where the public examination of a debtor is adjourned sine on adjourn die. or directing that the debtor be examined in debtor who is some manner or at some place other than is usual. on the application of the debtor himself. or by any person who has been ap pointed by any Court having jurisdiction so to do to manage the affairs of or represent the debtor. and shall. RULES of the public examination was inserted. 41b in the Appendix. may be 1890.—(1) An application for an order dispensing with the public nation of examination of a debtor. or at any time there on application after. S. satisfies the Court that the debtor has absconded. Adjudication 192a. and a quorum of on application creditors do not attend at the time and place appointed for the first of other meeting. 1886. A. with such variations as circumstances may require. or of any person interested. disability rendering him unfit to attend a public examination. When a receiving order has been made. sine die. 193. 20. Such application may be made orally and without notice. deposit with the official receiver such sum as the official receiver shall certify to be necessary for the expenses of the examination. or by any relative or friend of the debtor who may appear to the Court to be a proper person to make the application. on composition the application of the official receiver. it shall be made by motion. Adjudication 190. or of the official receiver.

35. or summons issued for the attendance of. with such variations as circumstances Forms where may require. the debtor. —(1) An order annulling an adjudication may be in the Form ^s ' Ho.submit a proposal for a composition 1^23 ^ or scheme. g 3 0f B. or circumstance which would justify the g 99 Mrf) Court in refusing to approve of the composition or scheme. the Court any fact. 57 in the Appendix. BANKRUPTCY RULES. Where a debtor intends to . and the public examination of the debtor has been concluded. Service of Proceedings. order to attend the public exa mination or any adjournment thereof. the report of the official receiver shall be ceiver's report filed not less than four days before the time fixed for hearing the to be ^e&- application. . (2) When an adjudication is annulled in the High Court the senior Order annul- bankruptcy registrar. the forms of proposal. Where the creditors have accepted a composition or scheme. Composition or Scheme. order manner as is provided in the case of a receiving order.fo/annrovaT er ' position or scheme. In any case in which an application is made to the Court to Opposed approve of a composition or scheme. notice and report. 223 (2) When a debtor is adjudged bankrupt in the High Court the RULES senior bankruptcy registrar. Court to approve of a composition or scheme shall. matter. ' 81b and 82.linf? adjudica- with give notice thereof to the Board of Trade in order that the annul. 196. send notice of the application to every creditor who has proved his debt. ' scheme ' 198. Nos.tor ment may be gazetted. g. relieve a trustee from the liability imposed on trustees by the Act and Rules to account to the Board of Trade for all transactions of such trustee in connection with the estate. days before the day appointed for hearing the application. 81a. Where a debtor against whom a receiving order has been made Service when is not in England.. Whenever an application is made to the Court to approve of a Notice to composition or scheme. 3 (7)) 1890. and in a County Court the registrar. S. and in a County Court the registrar. the Court may order service on the debtor of the abroad. 81. not less than three creditors. the official receiver shall. the Application official receiver or the debtor may forthwith apply to the Court to fix I *rj °^ a day for the hearing of an application for the approval of such com. with such variations as circumstances may <>gQ_i ' ' Tequire. or of any other order made against. The official receiver shall not by making such „f nijjrt application be deemed necessarily to approve of the composition or „ . 1886 AND 1890. order of adjudication. A. send notice c'a' rece'ver- of the application to the official receiver. 80a. receiving order. such application shall be deemed to be an opposed application within the meaning of paragraph (d) of sub-s. debtor 197. 2 of s. 99 of the Act of 1883. (3) The order of the Court annulling the adjudication shall not 183a. ^ ' 194. to be made within such time and in such manner and form as it shall think fit. forthwith give notice thereof to the official receiver and to the Board ~ ~ ~ of Trade. 200. who shall advertise and gazette the adjudication in the like ° . and the official receiver reports to applications. in the Appendix. shall be used by the official receiver for the purpose of Jj™^^ ~ the meeting of creditors for the consideration of the proposal. 195. shall 194—201. In every case of an application to the Court to approve of a Official re- composition or scheme. not less than ten ^°*i°e to "to days before the day appointed for hearing the application. 201. shall forth. Any person other than the official receiver who applies to the ' . 199.

(1) and ^2) of s. therein. may correct or supply any accidental or formal slip. and expenses of and incidental to the proceedings. 143. the trustee under the composition or E. shall be allowed out by debtor. in addition to considering the Hearing and report of the official receiver. he shall. At the time a composition or scheme is approved of. as the case may be. the Court formal slips. Costs of 203. and all fees and percentages pay if scheme able to the official receiver and the Board of Trade. An order approving of a composition or scheme shall be in the Form No. and in a County Court the registrar. 336. or for the pur pose of administering the debtor's property. shall forthwith send notice to the Board of Trade of every order made on an application to approve of a compo sition or scheme. hear the official receiver and the trustee appeal. and carrying out the terms of the composition or scheme. require proof that the provisions of sub-ss.224 APPENDIX. Fee on 206. Cases in which 209. 280—1. or omission &c. 350. and the Board of Trade shall gazette the same. but no alteration in the substance of the composition or scheme Ss. of or incidental to an appli application cation to approve of a composition or scheme. charges. as the case may be. No costs incurred by a debtor. (2) In the High Court the senior bankruptcy registrar. and de- . Where under a composition or scheme of arrangement a trustee trustee under is appointed. of the estate if the Court refuses to approve the composition or scheme. forthwith put the approved. the Court shall. cation to the Court to approve of a composition or scheme may be allowed and paid out of the estate of the debtor in any case in which there are sufficient funds in the hands of the official receiver or trustee. with such variations as circumstances may require. and expenses Proceedings of and incidental to the proceedings. Default in 211. on the report of the official re costs and ceiver. another trustee is appointed by the creditors. such composition or scheme shall not be approved by the or scheme for Court unless the Court is satisfied. Where a composition or scheme has been approved. composition or scheme. after the composition or scheme has been ap composition or proved by the Cotirt. receiver shall. as the case may be. The fee prescribed to be charged for and in respect of an appli application. 3 of the Act of 1890 have been complied with. debtor (or. available for the purpose. Es. If the trustee fail to give such security within the time required. he may be removed by the Board of Trade. Correction of 207. if appointed. from any order of the Court made upon such an application. charges. and an appeal to the Court of Appeal shall lie at the instance of the Board of Trade. RULES 202. On the hearing of any application to the Court to approve of a 202—211. or the other person or persons to whom under the composition or scheme the property of the debtor is to be assigned) into possession of the debtor's property. —(1) The Court before approving of a composition or scheme order. 105 (3). in addition to investigating the other matters as required by the Acts. or is removed. or of the trustee (if any). scheme. Where a composition or scheme has been duly accepted by the composition creditors. The Court shall also discharge the receiving order. Evidence and 204. the official Es. (57 in the Appendix. declines to act. that provision is made for payment of all proper costs. In every case of a composition or scheme in which a trustee is official receiver not appointed. the official receiver shall. or becomes incapable is to be of acting. be the trustee for the purpose of receiving and distributing the composition. or. unless and until trustee. shall be made. Trade in like manner as if he were a trustee in bankruptcy. Provision in 205. shall. and all fees and percentages payable to the official receiver and the Board of Trade under the scale of fees and percentages in force for the time being. When a composition or scheme is approved of. 54. Security by 210. charges. (if any) thereon. on payment of all proper costs. give security to the satisfaction of the Board of scheme. error. 208.

composition. Where any debtor requires any extension of the time for the Extension of filing by him of his statement of affairs. if he thinks fit. with such variations as circumstances may require. official receiver or any clerk of an official receiver duly authorised in S.un(}er corn- able upon such claim. perty which has not been duly administered. or. which certificate shall be filed. Sch.out.tions. shall be secured in such manner position or as the Court shall direct. and s. or in ' such other form as the Board of Trade may from time to time direct.?• 24- Workmen's R. ment of affairs that there are numerous claims for wages by work. All Rules relating to compositions or schemes shall apply to Composition compositions or schemes under s. 23 of the Act of under section 1883. 225 fault is made in any payment thereunder either by the debtor or the KULES trustee (if any). Where a composition or scheme is annulled. 46 in the Appendix. is disputed. and pay or deliver over to the said trustee any money or pro.scheme. II. Proof of Debts. direct that the amount which would be pay. Form of proof. Every debtor shall be furnished by the official receiver with How made instructions for the preparation of his statement of affairs. the property of s°™^nS4)10(i'5) the debtor shall. (1890). Where a composition or scheme is annulled the trustee under annuiment of the composition or scheme shall account to the trustee under the bank.B. ment of affairs (which shall be made out in duplicate. so far as and schemes applicable. 6 of the Act of 1800. in respect of which a proof has been lodged. 210. may. and any claim. 1890. if established.B. 16. Annulment of 214. of hands. 217. who shall admit or reject the same. Every person claiming to be a creditor under any composition Proof of debts or scheme who has not proved his debt before the approval of such in composi- composition or scheme. Where under any composition or scheme provision is made for composition the payment of any moneys to creditors entitled thereto. which shall be verified) shall be in the Form No. Statement of Affairs. A. the sum so secured shall be paid as the Court may direct. 3 of the Act of 1800. 39. writing by the Court or the Board of Trade in that behalf. if it shall think fit. Sch. 72 in the Appendix. 3 (15).y ^ o^ out any special order being made or necessary. and his proof has been admitted. or scheme. until the determination of the claim so dis. but 212—220. and on the determination thereof. pitted . In any case in which it shall appear from the debtor's state. S. (26). 189o! the official receiver to whom the estate was originally assigned. II. 216. with the official receiver. if any. shall lodge his proof with the trustee there.B. he shall apply to the official time. also to compositions or schemes under s. give a written certificate extending Buch time. BANKRUPTCY RULES. A. nronertvon 213. 135. and. 220. ruptcy for any money or property of the debtor which has come to his S. fi. under. no action to enforce such payment shall lie. The state. A creditor's proof shall be in the Form No. 1886 AND 1890. Q wages. if there is no such trustee. 16 of the Act unnecessary. and one copy of g_ 70 (2). who may. Swearing of 210a. the Court Dmdeiid. the remedy of any person aggrieved shall be by application to the pavmenj 0f 212. . A. receiver. And no creditor shall be entitled to enforce payment of any part of the sums payable under a composi tion or scheme unless and until he has proved his debt. The official receiver shall file in Court the verified statement of affairs submitted to him by the debtor. unless the Court otherwise directs. and shall render an applica tion to the Court under s. 218. Rg g24 g2g with such variations or additions as circumstances may require. S. with. forthwith vest in of B. 23 of the Act of 1883. An affidavit of proof of debt may be sworn before an assistant affidavits. 215. 209.

Transmission 223. distinguishing in such list the proofs which were wholly or partly admitted. such bill of exchange. 73 in the Appendix. he shall transmit the proofs themselves for the purpose of being filed. which Sch. send to the registrar a certified to registrar. be produced to the official receiver. it shall be sufficient if one 221—225A. iist 0f all proofs. A proof intended to be used at an adjournment of the first meeting (if not lodged in time for the first meeting) must be lodged not less than twenty-four hours before the time fixed for holding the adjourned meeting. other than the official receiver. promissory must. sent by trustee shall on the first day of every month. Time for lodg shall 222. or for div idend. or his fore man. shall be read and proofs where construed as though at the end thereof there were added the following tirst meeting words :— adjourned. instrument. and such as stand over for further consideration . Such list shall of Trade. if' any. as forming part thereof. and shall have annexed thereto. note. If the nroceedings are in the High Court. A proof intended to be used at the first meeting of creditors ing proofs. Every trustee in bankruptcy. and the amounts severally due to them. shall. with the proofs tendered for filing. and if the proceedings are in a County Court the list shall. Such proof shall be in the Form No. Any proof made in compliance with this Rule shall have the same effect as if separate proofs had been made by each of the said workmen and others. Proofs to be 225. those rejected. and if found correct shall be certified by the registrar. 122a or No. all proofs of of proofs to debts that have been received by the official receiver shall be handed trustee. in the case of proofs admitted or rejected. or security. but shall be stamped with one stamp as an ordinary proof. be examined by the registrar. chairman of a meeting. the trustee shall. Certified lists 225a. (11). or some other person on behalf of all such creditors. oe in the Form No. 1886. Sen. send to the registrar all proofs tendered in the proceeding. and take a receipt thereon from the trustee for such proofs. one before. 233. 122b in the Appendix. ruptcy after a final dividend has been declared. (8). or otherwise tendered during the month next preceding.226 AITEXMX. Production 221. I. proof for all such claims is made either by the debtor. Upon the declaration of a dividend the trustee shall forthwith of proofs to be transmit to the Board of Trade a list of proofs filed with the proceed- sent to Board ings under Rule 225 of the Bankruptcy Rules. of bills of promissory note. a schedule setting forth the names of the workmen and others. be lodged with the official receiver not later than the time men tioned for that purpose in the notice convening the meeting. Lodging 222a. 222a. The official receiver. subject to any special order of the Court made to the contrary. as the case may be. and. 1886. and in a bank- registrar. Rule 222 of the Bankruptcy Rules. But the official receiver shall first make a list of such proofs. Proofs to be 224. distinguish ing in such lists the proofs admitted. nor later than twelve o'clock at noon of the day before the day appointed for such meeting. with a list thereof certified to be collect. sent by official forthwith after the final payment has been made in a composition or receiver to scheme of arrangement duly approved by the Court. I. and the proofs which were wholly or partly rejected. received by him from the official receiver. Where a trustee is appointed in any matter. if so re- . before the proof can be admitted either for voting R. or other negotiable instrument or security on which exchange and the debtor is liable. notes. upon payment of the prescribed fee. time shall not be earlier than twelve o'clock at noon of the day but See R. Where a creditor seeks to prove in respect of a bill of exchange. over to the trustee. or trastee. RULES men and others employ ed by the debtor. where no other trustee is appointed.

be commenced. subject to the power of the Court to extend the time in special cases. Sch. with a memorandum thereon of his disallowance thereof. shall. Where a creditor's proof has been admitted the notice of Notice of dividend shall be sufficient notification to such creditor of such admission of admission.Notice of ment of affairs as have not proved their debts. as the case may be. shall. in proof by_ offl- writing. Such notice shall intended specify the latest date up to which proofs must be lodged. and the probable costs of such appeal in the event of the proof being admitted. costs in relation to an appeal from his decision rejecting any proof 232 (3)- wholly or in part.e?ls il0m decisions as 232. 6. 226. appeals against the decision of the official receiver or trustee rejecting a proof. within twenty-eight days after ' ' receiving a proof which has not previously been dealt with by the ^jme f°r official receiver. no Appeal from application to reverse or vary the decision of an official receiver or rejection of trustee in rejecting a proof shall be entertained after the expiration proof. The official receiver. or require further evidence in support thereof. rejection of ■as the time within which such proofs must be lodged. of twenty-one days from the date of the decision complained of. —(1) Not more than two months before declaring a dividend. 58—63.2j'- and in writing admit or reject every proof which has not been already admitted or rejected. jj /22\ (2) Where any creditor. and the official receiver or trustee shall in such case make provision for the dividend upon such proof. Provided that ™J**2 '£n 0 where the trustee has given notice of his intention to declare a divi. After the appeal has been heard by the Court. ™r* ' 228. which is omitted. Tegistrar. Where no appeal has been commenced within the time specified in this Rule. same time to such of the creditors mentioned in the bankrupt's state. other than the official receiver. to proofs. 1886 AND 1890. after the date mentioned in the notice of Rg '226—231 intention to declare a dividend as the latest date upon which proofs may be lodged. 227 quired by the Board of Trade. or. Subject to the power of the Court to extend the time. proof. not later than fourteen days (a) from the admission or latest date specified in the notice of his intention to declare a dividend. and give notice of his decision rejecting a proof wholly or in part to the creditor affected thereby. The official receiver shall in no case be personally liable for Rs. in writing. the Time for official receiver as trustee. shall. transmit to the Board of Trade office RTJXES copies of all lists of proofs filed by him up to the date of declaration of 226—232- the dividend. the trustee shall give notice of his intention to do so to the Board of 339- Trade in order that the same may forthwith be gazetted. and at the Ss. 229. 227. 230. be not less than fourteen days from the date of such notice. (24). BANKRUPTCY RULES. file such proof with the appeals. shall be given back to the official receiver or trustee. aPP. with him. examine it. either admit or reject wholly or in part every proof lodged J?*J rltc®i^er. Subject to the power of the Court to extend the time. (a) As amended by R. the proof. either admit or reject it wholly or adauss1011 or in part. II. and notice thereof given to the official receiver or trustee within seven days from the date of the notice of the decision against which the appeal is made.J^^g dend he shall within seven days after the date mentioned in such notice as the latest date up to which proofs must be lodged. Procedure within three days after receiving notice from a creditor of his intention where creditor to appeal against a decision rejecting a proof. Subject to the power of the Court to extend the time. 231. 227a. unless wholly disallowed. such appeal shall. which shall dividend. or require further evidence in support thereof. as the case may be. Q 2 . Costs of Dividends. 27. the ^ 232 (1) trustee. the trustee.

8 of B. upon which proof has been made. 235. with such variations as circumstances may require . matter. In every case of an application by a bankrupt for his discharge cial receiver. Evidence in 238a. promissory note. I. The amount of the dividend may. An appeal to the Court of Appeal shall lie at the instance of the Board of Trade. but it shall not be necessary for such trustee to give a fresh notice to such of the creditors mentioned in the bankrupt's statement of affairs as have not proved their debts. and the official receiver reports to the Court any fact. or other negotiable instrument or security. Production of 233. Where a bankrupt intends to dispute any statement with answer to regard to his conduct and affairs contained in the official receiver's report. A. The registrar shall. at the request and risk of be sent by the creditor. shall be exhibited to the trustee before payment of dividend thereon. for appealing against the decision of the trustee. such application shall be deemed to be an opposed application within the meaning of section 99 (2) (c) of the Act of 1883. Subject to the provisions of section 70 of the Bills of Exchange bills. —(1) A bankrupt intending to apply for his discharge under (1890). post. notes. 6. which would. 230. and the amount of dividend paid shall be endorsed on the instrument. II. UTILES the trustee shall exclude all proofs which have been rejected from 233—238A. he shall proceed to- Ss. shall produce to the registrar a certificate Application. exchange. from the official receiver specifying the number of his creditors of whom the official receiver has notice (whether they have proved or not). (4) The notices shall be in the Forms Nos. declare a dividend. but the Board of Trade may from time to time alter such forms. in the opinion of the trustee and the committee of inspection. 60—1. accompanied by a statement showing the position of the estate. In all other respects the same procedure shall follow the fresh notice as would have followed the original notice. 237. Such notice shall be in the Form No. Opposed 236. under the Acts. (24). 126. Sch. to postpone the declaration of the dividend beyond the prescribed limit of two months. Dividend may 234. not less than twenty-eight days before the day appointed for hearing the application. and 122 in the Appendix. 1882. the trustee shall give a fresh notice of his intention to declare a dividend to the Board of Trade in order that the same may forthwith be gazetted . Discharge. the report of the official receiver shall be filed not less than seven days before the time fixed for hearing the application. give notice of the time and place of the hearing of the application to the official receiver and trustee. Report of offi 238. every bill of Sch. S. be transmitted to him by post. participation in the dividend. and shall give notice to the Board of Trade (in order that the same may be gazetted). (3) Immediately after the expiration of the time fixed by this Rule Us. (5) If it becomes necessary. and at the instance of the trustee (if any) from any order of the Court made upon an application for discharge. special grounds to order production to be dispensed with. 61 in the Appendix.228 APPENDIX. and shall also send a notice of dividend to each creditor whose proof has been admitted. (2) Notice of the day appointed for the hearing of the debtor's application for discharge shall be sent by the official receiver to each creditor not less than fourteen days before the day so appointed. (11). or circumstance. 123. and subject to the power of the Court in any other case on &c. Appeals. . section 8 of the Act of 1890. bankrupt for his discharge. justify the Court in refusing an unconditional order of discharge. In any case in which an application is made to the Court by a applications. and the official receiver shall forthwith send notice thereof to the Board of Trade for insertion in the London Gazette. Act.

244. who shall gazette the same. on the application of the official receiver or trustee. estate. 239—244L specifying the statements in the report. 242. charge of a bankrupt on grounds other than those mentioned in the official receiver's report. Gazetting when the appeal has been decided by the Court of Appeal. ahall be dated of the day on which it is made. revoke the order or make such other order as the Court may think tit.g ^ 1890. The order of the Court made on an application for discharge Order. his duty. 243. which he proposes at g 8 /gj 0f the hearing to dispute. and shall state shortly the in case of grounds on which the application is made. the senior order. A bankrupt shall not be entitled to have any of the costs of or Costs of incidental to his application for his discharge allowed to him out of his application. to the official receiver not less than two days before the hearing of the application. if an appeal be entered. and not less than once a year to file in the Court a statement showing .Conditional tionally upon the bankrupt consenting to judgment being entered orders. 1886 AND 1890. bankruptcy registrar of the High Court. or. 64 in the Appendix. 240. until after the decision of the Court of Appeal thereon. against him by the official receiver or trustee for the balance or any part of the balance of the debts provable under the bankruptcy which is not satisfied at the date of his discharge. if any. it shall be property. completed. BANKRUPTCY RULES. 239. The order shall be in one of the Forms Nos. (2) The official receiver or trustee shall give notice of the applica. discharge. The judgment shall be entered in the Court having jurisdiction in the bankruptcy in which the order of discharge is granted. or in a County Court the re gistrar. —(1) An application by the official receiver or trustee for leave Execution to issue execution on a judgment entered pursuant to a conditional on judgment order of discharge shall be in writing. stating the grounds thereof. or subject to any other con. or. until such judgment or condition is satisfied. lie shall. 240. Any creditor who intends to oppose the dis. 65 in the Appendix. and (if entered an the High Court) shall be in the Form No. 229 Teport. When the time for appeal has expired. (3) If the bankrupt does not give the required consent within one month of the making of the conditional order the Court may. 62 to G3 in the Appendix. Where a bankrupt is discharged subject to the condition that Accounts of judgment shall be entered against him. (2) The registrar of a County Court in which judgment is so entered shall forthwith make a return of the judgment to the registrar of County Court judgments. as the case may be. shall forthwith send notice of the order to the Board of Trade. with such variations as circumstances may require. 241. When the application is conditional lodged the registrar shall fix a day for the hearing. tion to the debtor not less than eight days before the day appointed for the hearing. from time to time to give the official receiver such information as he may require with respect to his earnings and after-acquired property and income. but such order shall not be delivered out or gazetted until after the expiration of the time allowed for appeal.after-acquired dition as to his future earnings or after-acquired property. as the case may require. the order of discharge shall not be signed. —(1) Where the Court grants an order of discharge condi. give notice in writing to the official receiver. not less than two days before the hearing of the RULES application for discharge. and shall at the same time furnish him with a copy of the application. shall give notice of the intended opposition. or delivered out until the bankrupt has given the required consent in the Form No. and shall take effect from the day on which the order is drawn up and signed .

Minors not to 248. Proxies and Votiny Letters. Notice to 249. (3) As soon as a proxy or voting letter has been used it shall be filed with the proceedings in the matter. sequent to his discharge. 76 in the Appendix. he shall give fourteen days' notice of the day fixed for hearing the application to the official receiver and to all his creditors. who shall add to his signature his descrip tion and residence . income. 1890. at which it is to be used. S. Where a bankrupt neglects to file such affidavit or to attend the Court for examination when required so to do. A proxy given by a creditor shall be deemed to be sufficiently of proxy. 15. which shall be in Form No. and provided that all insertions in the proxy are in the handwriting of the witness. A. B. and such witness shall have certified at the foot of the proxy that all such insertions have been made by him at the request of the creditor and in his presence before he attached his signature or mark. with such variations as circumstances may require. 56b in the Appendix. is a minor. Where after the expiration of two years from the date of any for modifica order made upon a bankrupt's application for a discharge. rupt applies to the Court to modify the terms of the order on the B.230 APPENDIX. oath with reference to the statements contaiued in such affidavit. meeting. shall be verified by affidavit. filing of (2) A proxy shall be lodged with the official receiver or trustee not proxies. 85 in the Appendix. The proxy of a creditor blind or incapable of writing may be when creditor accepted if such creditor has attached his signature or mark thereto in blind. RULES the particulars of any property or income he may have acquired sub 244A—250. No person shall be appointed a general or special proxy who- be proxies. 7o. The affidavit shall be in the Form No. 22. with such variations as circumstances may require. Application 244b. The official receiver shall fix the day for the first meetings . if required. A. and the official receiver or trustee may acquiied require the bankrupt to attend before the Court to be examined on property. position to comply with the terms of such order.—(1) A general proxy shall be in the Form No. s. 24. or by the authorised agent of such creditor if resident abroad . It shall nevertheless be the duty of the debtor to attend such first meeting although the notice is not sent to- or does not reach him. Verification 244a. executed if it is signed by any person in the employ of the creditor having a general authority to sign for such creditor. ground that there is no reasonable probability of his being in a s. 1890. Filling in 247. Notice to 250. Sch. of after. a special Form and proxy shall be in the Form No. may be Ss. Signature 246. 245. the presence of a witness. after-acquired property or dealings. The notice. as may be convenient. — (1) The official receiver shall give three days' notice to the debtor of first debtor of the time and place appointed for the first meeting of creditors. 70 (lc) either delivered to him personally or sent to him by prepaid post letter. later than four o'clock on the day before the meeting or adjourned meeting. (2) A notice to attend subsequent meetings shall be in the like form. Meeiinys of Creditors. rescind the order of discharge. &c. and shall be produced to the official receiver. or properly to answer all such questions as the Court may put or allow to be put to him. such authority shall be in writing. I.. or as to his earnings. Any statement of after-acquired property or income filed by of statements a bankrupt whose discharge has been granted subject to conditions. the Court may.. the bank tion of order. on the application of the official receiver or trustee. 8 (2).

A certificate by the official receiver or other officer of the Court. 259. and the hire of room for meeting. 84a. Ss. (6). Where any notice. on such public officer or agent filing an affidavit stating that he is such public officer or agent. the proceed. on the request of creditors. In calculating a quorum of creditors present at a meeting Quorum. who RULES shall gazette the same. any Public officer debtor to any company or co-partnership duly authorised to sue and or agent of be sued in the name of a public officer or agent of such company or company. 6</. co-partnership. The notices of subsequent meetings to be issued to creditors by 0f first meet- the official receiver or trustee shall be in the Form No. 115. 256. or agent as the nominal petitioner for and on behalf of such company or co-partnership. the cost of summoning such creditors' meeting. 1886 AND 1890. Where Sen. the partner signing for the firm shall add also his own signature. Where a meeting of creditors is calleJ by notice. declaration. (23). registrar. or other document Attestation of requiring attestation is signed by a firm of creditors or debtors in the A™ signature. or 102a in the Appendix. (1—4). 0f notice by 252a. by James Green. Meetings. Proceedings by Company or Co-partnership. or as the case may be. Proceedings by or against Firm.. 253. or an affidavit by the trustee or official receiver his solicitor.ings. 258. Where a trustee summons a meeting of creditors he shall send creditor. 255. No. other meet- 252. Where a meeting of creditors is adjourned the adjourned Sch. those persons only who are entitled to vote at the meeting shall be scn. unless in the resolution for adjournment another place is gcn j (24). (3). certified by him. meetings. that the notice of of creditors' any meeting of creditors or sitting of the Court has been duly posted. meeting.t. the official receiver or Cost of trustee calls a meeting of creditors. per creditor for the next 30 creditors . and that he is authorised to present or sue out such petition or bankruptcy notice. unless the Court Sch. meeting shall be held at the same place as the original place of Adjournment. per creditor for any number of creditors after the first 50. ings had and resolutions passed at such meeting shall. specified. I. postage. Is. shall Copy of send to the registrar of the Court in which the matter is pending a resolution for copy. Notice to or by the clerk of any such person. The notice to creditors shall be in Form 251—259. 148. A bankruptcy petition against. no special time is prescribed the notices shall be sent off not less than Xotices of three days before the day appointed for the meeting. with such variations as circumstances may require. affidavit shall be in the Forms Nos. with such variations as circumstances may require." . 231 and shall forthwith give notice thereof to the Board of Trade. and creditors 251. or bankruptcy notice to. petition. stationery. may be presented by or svied out by such public officer S. per creditor for the first 20 creditors . BANKRUPTCY RULES. firm name. Appendix. The certificate and the notice. I. Where. I. notwithstanding that some creditors shall Non-reception not have received the notice sent to them. to the official receiver a copy of the notice convening the meeting. 102. The official receiver. 78 in the Appendix. a partner in the said firm. or the clerk of either of such persons. otherwise orders. be valid. of every resolution of a meeting of creditors. e. Sch.g. the trustee. 254. 101 in the ing. 257. &c. including all disbursements for printing. with such variations as circumstances may jjoar(j 0f Trade require. " Brown & Co. shall be calculated at the following rates for each creditor to whom notice is required to be sent :—2s. shall be sufficient evidence of such notice having been duly sent to the proof 0f person to whom the same was addressed. 148. reckoned.

270. 20. showing that all the partners concur in the filing of the same. No order of adjudication shall be made against a firm in the Adjudication firm name. is signed in the firm name the declaration or petition shall be accom panied by an affidavit made by the partner who signs the declaration or petition. the debtors shall submit a statement affairs. the creditors of which have confirmed the composition or scheme. there. Such proposals may vary in character and amount. the same shall be (a) As amended by R. Separate firms. shall be the trustee of the separate estates. S. a proposal accepted by joint creditors may be and separate approved in the prescribed manner. Adjudication : 268. shall be deemed to be duly served on all the members of a firm if it Service on is served at the principal place of business of the firm in England. or by the Board of Trade under sec R. Statement of 263. firm. Where proposals for compositions or schemes are made by a composition. the joint and Sen. or proposal of some or one of the debtors made to their or his separate creditors may not be accepted. I. 269. and the proposal made to each separate set of creditors shall be considered and voted upon by such separate set of creditors apart from all other creditors. the receiving order shall be discharged (a) only so far as it relates to the estate. First meeting. firm. 135. but if any set of separate creditors do not appoint a separate committee. Voting on 267. Acceptance of 266. and by the partners therein individually. as the case may be. on any one of the partners. A receiving order made against a firm shall operate as if it were order against a receiving order made against each of the persons who at the date of firm. severally accept compositions or schemes of arrangement. the creditors of such last-mentioned firm shall be deemed to be a separate set of creditors. the order is a partner in that firm. The joint creditors and each set of separate creditors. in full of the individual partners. their debts or bankruptcy petition.. 4 (2). the proposal made to the joint creditors shall be considered and voted upon by them apart from every set of separate creditors . of his separate affairs. and to be on the same footing as the separate creditors of any individual member of the firm. separate creditors shall collectively be convened to the first meeting of creditors. by joint circumstances will allow. tion 21 (6) or section 87 (3) of the Act. 40 (3). Each set of separate creditors may appoint its own committee of inspection . 217. R. may composition. In cases of partnership. And where any surplus shall arise upon the administration of the assets of such separate or independent firm. which is omitted. Any notice or petition for which personal service is necessary 260—269. Where a composition or scheme is approved. 16. Receiving 262. a separate and independent firm. against partners. 265. 264. or upon any person having at the time of service the control or management of the partnership business S. JoiiU and Separate Estates. of their partnership affairs. So far as &c. On the adjudication in bankruptcy of a partnership the trustee trustee. . 267a.232 APPENDIX. notwithstanding that the proposals creditors. Debtor's peti 261. the same shall contain the names S. Where a firm of debtors file a declaration of inability to pay tion by firm. 4 (1/). BTJLES 260. (13). and each debtor shall submit a statement S. Where a receiving order is made against a firm. the committee (if any) appointed by the joint creditors shall be deemed to have been appointed also by such separate creditors. . appointed by the joint creditors. If any two or more of the members of a partnership constitute S. and if such declaration or petition R. but it shall be made against the partners individually.

(5) If during or at the conclusion of the public examination of the debtor it appears to the Court that a composition or scheme ought not to be sanctioned by reason of the conduct of the debtor. unless the Board of Trade otherwise orders. (7) The first meeting of creditors may. be made into and out of the Bank of England. having jurisdiction in the matter. be held on the day appointed for the public examination. 270. be in the Form No. or if the official receiver satisfies the Court that the debtor has absconded. A report by the official receiver under this paragraph shall be primd facie evidence of the facts stated therein. namely :— (1) There shall be no advertisement of any proceedings in a local paper unless the Board of Trade otherwise direct. the Court may appoint such person as the Court shall think fit to do any act required by the Act or Rules to be done by such debtor or creditor. Ss. 233 carried over to the separate estates of the partners in such separate and BTJLES independent firm according to their respective lights therein. the Apportionment remuneration of the trustee in respect of the administration of the 0t trustee's joint estate may be fixed by the creditors. it shall not be necessary to adjourn the meeting. Lunatics. An application by the official receiver that the estate of a Application debtor may be ordered to be administered in a summary manner shall for order. Small Bankruptcies. the Court may forthwith adjudge the debtor bankrupt. or (if duly authorised) by the committee of inspection of such separate estate. Where an estate is ordered to be administered in a summary Summary manner. Where joint and separate estates are being administered. PART III. or (if duly authorised) by remuneration. (2) The title of every document in the proceedings subsequent to the making of the order for summary administration shall have inserted thereon the words "'Summary Case. or that the composition or scheme proposed is not reasonable or calculated to benefit the general body of creditors. and the remuneration g ^gg of the trustee in respect of the administration of any separate estate may be fixed bv the creditors. the provisions of the Acts and administration. the Court may forthwith adj udge the debtor bankrupt. where it is expedient. and no application for a jury shall be entertained. (6) All payments shall. If a quorum of creditors be not present. be modified as follows. inquisition. or within such time thereafter as the official receiver may fix. Rules shall. subject to any special direction of the Court. Special Procedures. or that the debtor does not intend to propose a compo sition or scheme. 121—2. 44 in the Appendix. 1886 AND 1890. under section 121 of the Act. . Where any debtor or creditor is a lunatic not so found by Lunatics. (4) If no proposal for a composition or scheme is lodged with the official receiver within the time specified for that purpose in section 3 of the Act of 1890. with such variations as cir cumstances may require. 271. BANKRUPTCY RULES. 273. the committee of inspection of such joint estate. 272. 102 (3). or on any other day fixed by the official receiver. ^70 878." (3) All questions of law and fact shall be determined by the Court S.

Ks. S. (14) The costs or charges of any person employed by the official receiver other than of a solicitor may be paid and allowed without taxation where such costs or charges are within the prescribed scale . or. the Form No. other than of first meetings. Administration 277. a statement showing the position of the estate analogous. shall only be sent to creditors whose debts or claims exceed the sum of £2. Where an administration order under section 125 of the Act is made. to that pre scribed by Form No. 153—6. or in which the office of the official receiver is situate. and shall be verified by affidavit. Administration of Estate of Person dying Insolvent. and adminis tration of (if any). and statement under this Rule. shall be filed. A creditor's petition under section 125 of the Act shall be in petition. . the deceased's estate by such executor or legal per sonal representative. (13) The estate shall be realised with all reasonable despatch. and such executor or legal personal representative shall also furnish forthwith in duplicate a list of the creditors. as prescribed by section 78 (4) of the Act of 1883. such order shall be gazetted and advertised in the same manner in all respects as an order of adjudication is gazetted and advertised. making. 125. Every account. and lodging any account. 275. and the petition shall be heard in the like manner. has been made it shall be the duty of the executor or legal personal representative of the deceased debtor to lodge with the official receiver forthwith (in duplicate) an account of the dealings with. verifying. nor shall notices be sent to creditors whose debts do not exceed £2. (10) In lieu of the copy of the account to be filed with the Court. order the petition to be served on any other person. When an administration order under section 125 of the Act executor. &c. unless the Court otherwise directs. as the case may be. (12) The time mentioned in section 58 (2) of the Act of 1883 shall be extended to six months. with such variations as circum stances may require. An administration order under section 125 of the Act shall be order. On an application by the bankrupt for his discharge the certifi cate of the official receiver shall not include. The Court may also.234 APPENDIX. 276. list. (9. provided that the Board of Trade may require such costs or charges to be taxed by the taxing officer. in the Form No. list. rffter being taxed. and statement to be made under this Rule shall be made and verified as nearly as may be in accordance with the practice for the time being of the Chancery Division of the High Court. shall. (11) Notices of meetings. if the Court thinks fit. RULES (8) Meetings of creditors shall. The expense of preparing. and. Duties of 278. 42 in the Appendix. be served on each executor who has proved the will. special reasons otherwise determines. —(1) The petition shall. Service. and a statement of the assets and liabilities. Gazetting. 11 in the Appendix. or of sittings of the Court. witli such variations as circum stances may require. 122 in the Appendix. be held in the town or place in ~~ which the Court usually holds its sittings. Form of 274. unless the official receiver for 274—278. (2) Service shall be proved in the same way as is provided in the case of an ordinary creditor's petition. as nearly as may be. distributed in a single dividend when realised. on each person who has taken out letters of administration. where practicable. and such other particulars of the affairs of the deceased as may be required by the official receiver.

shall forthwith give notice thereof to the Board of Trade. or an order on an application for discharge is delivered out.inB0 sons entitled to vote at a meeting . 172. The notices may be according to Form No. on the report sm (ori of the official receiver. and (3) Where the property is not likely to exceed in value the sum of three hundred pounds. 282. When a receiving order. meetings of creditors. 17. Appendix. 283. Audit. or an order Trade. R. 132. of the Act of 1883 relating to the deceased mode of summoning a meeting of creditors. Gazetting. BANKRUPTCY HULKS. notices. 280. and 173 in the registrars.— shall. the account. 174 in the Appendix. 279. verified. 1886 AND 1890. or an order annulling an adjudi cation's made. 131. 1886 and 1890. and to the per. the property of the deceased. Officers. which refer to creditors. so far as applicable. or an order Board of on an application to sanction a composition or scheme. All notices requiring publication in the London Gazette shall Gazettin" be gazetted by the Board of Trade. in the High Court the senior bankruptcy registrar. and statement mentioned in the last preceding Rule shall be made. shall kept by keep books according to the Forms Nos. The senior bankruptcy registrar of the High Court. or an order for orders to administration under section 121 or under section 125. or in such other form as the Board of Trade may from time to time require. as the Board of Trade may direct. trustees. or may otherwise have intermeddled with. and com mittees of inspection . or in which a matter has been wrongly or inaccurately gazetted. annulling a composition or scheme. and it appears to the Court. or any part thereof. 171. at the expense of the estate or otherwise. that no executor or legal personal representa tive exists. 270—283. 279a. S. apply as if the proceedings weie under a receiving order and order of adjudication. Books to be kept and Returns to be made by Registrars. (2) The provisions of the Bankruptcy Rules. may have taken upon himself the administration of. or an order of adjudication. and in a County Court the registrar. the provisions of section 121 of the Act of 1883. PART IV. upon such report. and lodged by such person as in the opinion of the Court. the Board of Trade shall re-gazette such order or matter. upon production of the necessary RULES allocatur. In proceedings under an order for the administration of the Rules as to estate of a person dying insolvent. In any case in which an administration order under section 125 Executor de of the Act has been made. S. or an Notice of order fixing the public examination of a debtor. and every Books to be registrar of a County Court having jurisdiction in bankruptcy. with the necessary amendments and alterations in the prescribed form. where a meeting of creditors is administration summoned for the appointment of a trustee : ot estate of (1) The provisions of Schedule I. and the particulars given under the different heads in . 281. Where any receiving order is amended. Trustees. list. and also in any case in Re-gazetting which any matter which has been gazetted has been amended or altered. &c. 235 be allowed out of the estate.

not less than once every Audit of cash three months. and explaining the cause of the non-realisation of such assets as may be unrealised. 308. 286. in the bankruptcy. He shall also forward with the first accounts a summary of the debtor's statement of affairs. the Board of accounts to Trade shall certify that the account has been duly passed. received or paid any sum of money on account of the debtor's estate. The official receiver. mitted to the registrar. When the trustee's account has been audited. 336 (4). (2) When the estate has been fully realised and distributed. all proceedings had. —(1) Every trustee shall. until a trustee is appointed. 78. and all such matters as may be necessary to give a correct view of his administration of the estate." in which he shall record all minutes. and at the expiration of every succeed tee's account. submitted to together with any other requisite books and vouchers. bearing a like certificate. or of the committee of inspec tion. or. The official receiver. audit the cash book and certify therein under their book. The trustee shall submit the record book and cash book. 129 in the Appendix. Cash book. as the case may be. Extracts and 284. showing thereon in red ink the amounts realised. Books to be 287. Board of Trade 289. 288. committee of inspection. Ss. shall be trans S. Accounts and Audit. The certificate R. 273 (18). after the trustee. 80. 336 (4). R. The committee of inspection shall. since the last audit of his accounts. together with Ss. although the six months may not have expired.236 APPENDIX. in which he shall (subject to the provisions of these Rules as to trading accounts) enter from day to day the receipts and pay ments made by him. 128 in the Appendix. in such form as the Board of Trade may direct. he shall. 314. ing six months thereafter until his release. 78. if the adjudication is annulled. 91. upon the duplicate copy. shall be in the Form No. and there be filed. such extracts from their books. nor need he exhibit such documents to any person other than a member of the committee of inspection. and shall furnish such information and returns as the Board of Trade may from time to time require. be had. Trade a duplicate copy of the cash book for such period. transmit to the Board of R. and resolu tions passed at any meeting of creditors. who shall file the same with the proceedings R. at the period when he is required to transmit his estate account to the . and there after the trustee. the necessary vouchers and copies of the certificates of audit by the 102 (5). at the expiration of six months from audit of trus the date of the receiving order. Affidavit of 291 Where a trustee has not since the date of his appointment or no receipts. Copy of 290. time direct). 78—81. hands the day on which the said book was audited. (3) The accounts sent in by the trustee shall be certified and veri fied by him according to the Form No. shall keep a book to be called the " Cash Book" (which shall be in such form as the Board of Trade may from time to fis. shall keep a book to be called the " Record Book. to the com committee of mittee of inspection (if any) when reqviired. 336 (4). RULES such books shall be entered forthwith after the proceedings shall 284—291. 285. and not less than once inspection. the trustee shall forthwith send in his accounts to the Board of Trade. The registrars shall make and transmit to the Board of Trade returns. with such variations as circumstances may require. and there S. but he shall not be bound to insert in the record any document of a confidential nature (such as the opinion of counsel on any matter affecting the interest of the creditors). Record book. every three months. until a trustee is appointed.

Any report so made by the Board of Trade shall be prima facie evidence of the statements therein contained. Form No. distinct accounts shall be kept of the joint estate and of jomt an(j the separate estate or estates. 294. who shall fix a time for the hearing of the matter. 297. the requisition shall be in the High Court. a trustee makes an allowance to a bankrupt out of his property. or. Every trustee. or being released or removed from procee(j. . and the Expenses of charges and expenses connected with the sale shall afterwards be sales. Upon a trustee resigning. may require. with such certificate of variations as circumstances may require. on the application of the official R. 1886 AND 1890. S. 299. with such variations as circumstances g_ 21 (3). 140. . forward to the Board an affidavit of no receipts or RULES payments. BANKRUPTCY EULES. the sale shall be paid over by such auctioneer or agent. receiver. (2) The Board of Trade may also with the copy of the requisition S. and the amount allowed shall be duly ' . S. Where a receiving order has been made against debtors in 309—11. 292—300 292. 40 (3). 300. trustee through an auctioneer or other agent.'s2. communicate to the Court the grounds of its objections. and may be charged by him to the estate. partnership.A certificate by the Board of Trade. certifying the appointment Form of of a trustee. entered in the trustee's accounts. office of trustee. 349. and no transfer of a surplus from a separate separate estate to the joint estate on the ground that there are no estates creditors under such separate estate shall be made until notice of the accounts. the gross proceeds of Es. and accounts in his possession relating to the ss.bankrupt's posed of. all books kept by him. undar the provisions of section 64 of the Allowance to Act. shall be entitled to be heard. and all other books. 21. documents. Where property forming part of a debtor's estate is sold by the papers. 293. In any case in which. 128.\ otherwise. At the hearing the person objected to. intention to make such transfer has been gazetted. by whom such auc tioneer or agent is employed. 237 Board of Trade. and is required by a majority in value of the creditors to objection to notify the objection to the High Court. destroyed. The trustee shall also forthwith insert notice of his appointment. to the new trustee. shall be in the Form No. and every creditor and the Board of Trade.Disposal of ments given up by him may be sold. debtor. unless the creditors by special resolution determine g m. 292. he shall deliver over to the official receiver. The Board of Trade may. appointment. It shall be a sufficient objection to the appointment of a Trustee not trustee that he has not complied with the requirements of section accounting 162 of the Act. appointment in a local paper. 298. 162. notice of his *>*i appointment shall forthwith be gazetted by the Board of Trade . as the case on resio-nation may be. paid to such auctioneer or agent on the production of the necessary g gg /j\ allocatur of the taxing officer. such allowance. or of any order of the Board of Trade made thereunder under a. 302—4. 115 in the Appendix. shall be in money. and a certificate of the appointment shall be sent by the Board of Trade Notice of to the registrar. 296. books and 295.nlrs his office. 114 in the Appendix. 32°- Trustees. direct that the debtor's books of account and other docu. papers. or otherwise dis. 86. —(1) Where the Board of Trade objects to the appointment of Notification of a trustee. shall be accountable for the proceeds of every such sale. £c 0/trustee'. The expense of such gazetting and notice shall be borne by the trustee. R8. When the appointment of a trustee is certified. On receipt of such requisition the Board of Trade shall forthwith transmit a copy thereof to the senior bankruptcy registrar of the High Court.

Gazette of 310. on he has delivered over to the official receiver all the books. Except as provided by the Act or Rules. in voting the remuneration of the trustee. 82. and to the debtor. the order removing him shall at once be transmitted by the Board of Removal by Trade to the Registrar of the Court. except the remuneration to which under the Act and Rules he is entitled as trustee. Limit of re 306. who shall examine and certify the same. A trustee intending to resign his office shall call a meeting of Notice of creditors to consider whether his resignation shall be accepted or not. The creditors. a notice of the order granting such release shall be gazetted. the Board of pointed by Trade appoint a trustee. 286. 292. no trustee shall be muneration. It shall be a sufficient reason for refusing to certify the trustee. distributed in dividend. proved their debts. his release shall give notice of his intention so to do in the Form S. thereupon submit such account to the committee of inspection (if any). business. trustee shall be required to provide the requisite stamp fee. and the trustee shall Rs. 331. 301. 305—6. 280—1. Where the Board of Trade have granted to a trustee his release release. and shall send with such notice a summary of his receipts and payments as trustee in the Form No. and shall give not less than seven days' notice of the meeting to the S. if they think fit. he shall keep a distinct account of the trading. 292. or sub-section 3 of section 87 of the Act. RULES in respect of any matter as to which he was under an obligation to 301—310A. Trade. No. A trustee before making application to the Board of Trade for for release. and not less than S. or such member thereof as may be appointed by the committee for that purpose. 304. or has failed or neglected. official receiver. shall distinguish neration. 314. to all the creditors of the debtor who have Rs. the trustee shall receive out of the estate such Board of remuneration as the Board of Trade shall determine. papers. (2) The trading account shall from time to time. and shall incorporate Trustee in the cash book the total weekly amount of the receipts and payments carrying on on such trading account. Ks. Rs. R. who shall file the notice with the Board of proceedings in the matter and give written notice thereof to the Trade. be verified by affidavit. order to be gazetted. Where a trustee or special manager has given security in the failing to keep prescribed manner. 57. 303. —(1) Where the trustee carries on the business of the debtor. . resignation. Trade may.38 APPENDIX. between the commission or per-centage payable on the amount S. the Board of up security. 302—3. 308. be charged to the estate. notice of 311. the Act from the office of trustee. &c. appointment of a person as trustee that in any other proceeding under the Act such person has either been removed under section 86 (2) of Rs. 303. and the commission or per-centage payable on the amount Rs. which may 309. 86. under the provisions of sub-section 6 of when ap section 21. Application 309. 292. good cause i-howii by him. or. 304. realized. comply. Delivery of 310a. once in every month. to render his accounts for audit for two months after the date by which the same should have been rendered. 122 in the Appendix : Provided that where such application is made upon the trustee ceasing to act by reason of a composition having been approved under section 23 of the Act. R. such notice and summary shall be sent to the debtor only. In any case in which. Remuneration 307. without 311. 72. 305. the committee of Rate of remu inspection. official receiver. Where a trustee is removed by the Board of Trade. but fails to keep up such security. The Board of Trade shall also cause a notice of the S. Removal of 301. Removal for 302. entitled to receive out of the estate any remuneration for services rendered to the estate. as the case may be. The release of a trustee shall not take effect unless and until books. 138 in the Appendix.2. 336 (4). remove him from his office. 84. The Rs. 306—7.

132a in the S. by himself or any employer. and the authority shall be in Form 3i 319. 136 in the Appendix. or servant. by himself or any partner. 239 documents. 316a. and shall not be payable out of the debtor's estate. and where the creditors exceed 10. No.• Where one-fourth in value of the creditors desire that a general TPIpfl ".Ss. by the Bankruptcy Rules. —(1) Where the trustee carries on the business of the debtor. the cost of furnishing and transmitting such statement shall be calcu. such statement shall be in the Form No. agent. the accounts. trustee for a copy of the accounts (or any part thereof) relating to the s. 89 (3). 22. for the preparation of the statement and the actual cost of furnished to printing. 117 in the g. and on paying for the lis. he is RULES required to deliver over on his release. except by leave of the Court. The Court shall then hear the application. clerk. become estate. may apply to the directions. while acting as trustee or member of 189°- such committee. ' 315. or servant. Any creditor who has proved his debt. or for any goods supplied by him to the trustee for or on account of the estate. 80. 1886. 340. and direct the trustee to apply by motion. the cost of obtaining such sanction shall be borne by the person in whose interest such sanction is obtained. entitled to derive any profit from any transaction arising out of the ■"•_■*"> *"90.„ j.308. meeting. No member of a committee of inspection of an estate shall. 17 of B. agent. 57. or his employer from any person whose connection with the trustee is of such a nature or. Where a trustee desires to apply to the Court for directions in iocai j)ank_ any matter. 74 (4). 311. 1886 AND 1890. 137 in the Appendix. consider duct con- of trustee. inspection of an estate shall. or by the official receiver on the „!^ deposit of a sum sufficient to defray the expenses of summoning such Mee?mo to „. sanction. Appendix. trary to the provisions of this Rule may be set aside by the Court on the application of the Board of Trade or any creditor. inspection. estate as shown by the cash book up to date. clerk. partner. directly or indirectly. creditors. lated at the rate of threepence per folio for each statement where the Statements of creditors do not exceed 10.. \nDlication for 314. c meeting of the creditors may he summoned to consider the propriety ^rustee or of removing the trustee. with such variations as circumstances may »utvoritv for retail11*6 ^. 313. Any such purchase made con. Trustee not to he shall not without the express sanction of the Court purchase goods purchase from for the carrying on of such business from his employer (if any). 285—8. and accounts which. be ». Appendix. or to receive out of the estate any payment for services 8- rendered by him in connexion with the administration of the estate. 332—4. 811 —317. he may tile an application in the Form No. 1886.. partner as would result in the trustee obtaining any portion of the profit (if without court s any) arising out of the transaction. same at the rate of threepence per folio he shall be entitled to have Creditor mav such copy accordingly. Where in pursuance of section 17 of the Act of 1890 the official 0f trustee's receiver or trustee is required to transmit to creditors a statement of accounts. If it appears to the Board of Trade that any profit or payment has been nlade contrary to the provisions of this Rule they . (2) In any case in which the sanction of the Court is obtained under this Rule or under Rule 317 of the Bankruptcy Rules. BANKRUPTCY RULES. such meeting may be summoned by a member 292 of the committee of inspection. purchaser of any part of the estate. 312. 317. with such variations as circumstances may require . or fix a day R. for hearing it. 56. Neither the trustee nor any member of the committee of 8. A. either directly or Dealings with indirectly. * 1 . bankruptcy. 316. bt . a shilling accounts to be per folio. and Rs. Committee of except under and with the sanction of the Court. Application by a committee of inspeetion for authority to the g gg trustee to make his payments into and out of a local bank shall be in jjg 292 302 Form No.

to communicate to the trustee all such information respecting the bankrupt and his estate and affairs as may be neces sary or conducive to the due discharge of the duties of the trustee. E. 208. and on account of all advances properly made by him in respect of the estate.. costs and charges of the official receiver which may not have been discharged by the trustee before being put into possession of the property of the bankrupt. the official receiver shall forthwith put the trustee into before estate possession of all property of the bankrupt of which the official receiver handed over may be possessed . for the purpose of being duct of trustee. Where the Board of Trade is of opinion that any act done by a creditors to trustee or any resolution passed by a committee of inspection should consider con be brought to the notice of the creditors. and shall only be given where the service inspection. 317A—320. lease .240 APPENDIX. and whether incurred before or after he has been put into such possession. before the to trustee. 54 (2). and shall have discharged or undertaken to discharge all guarantees which have been properly given by the official receiver for the benefit of the estate . 318. . discharged any S. together with interest on such advances at the rate of four pounds per cent. Meetings of 319. per annum. reviewed or otherwise. costs. to a payment to a member of a committee of in payments to spection for services rendered by him in connexion with the adminis members of tration of the estate is obtained. No payment shall. RULES may disallow such payment or recover such profit. the order of the Court shall specify committee of the nature of the services. any part thereof or created a mortgage or charge upon the s. 13. A. and (a) The rent reserved and real value of the property leased. 317a. on account of fees. balance due to the official receiver. or (c) The trustee serves the lessor with notice of his inten tion to disclaim. and the trustee shall pay all fees. provided that such trustee shall have. viz. and E. as ascertained by the property tax assessment. 339 (5). performed is of a special nature. the official receiver may summon a meeting of E. 311. —(1) A lease may be disclaimed without the leave of the Court in any of the following cases. be allowed to a member of a committee for services rendered by him in the discharge of the duties attaching to his office as a member of such committee. (2) The official receiver shall be deemed to have a lien upon the estate until such balance shall have been paid. under any cir cumstances. costs. creditors accordingly to consider the same. Where the sanction of the Court under Rule 317 of the Bank Sanction of ruptcy Rules. &c. and the lessor does not within seven days after the receipt of such notice give notice to the trustee requiring the matter to be brought before the Court. and a trustee is Discharge of appointed. are less than £20 per annum . and the expense of sum moning such meeting shall be paid by the trustee out of any available assets under his control. (3) It shall be the duty of the official receiver. Where the bankrupt has not sub-let the demised premises or B. i. Disclaimer of 320. estate is handed over to him by the official receiver. :— S. charges properly incurred by him and payable under the Act. —. if so requested by the trustee. as the case may be. or (b) The estate is administered under the provisions of section 121 of the Act of 1883 .SC. 18. 55. on the audit of the trustee's account. Disclaimer of Lease. and such guarantees and other liabilities shall have been discharged. 1890.1) Where a debtor is adjudged bankrupt.

notice thereof shall be given by letter to the registrar of the Court to which such official receiver is or was attached. 322. furnish a statement of the interest so elaimed by him. during his tenure of office. vest in such official receiver as the Board of Trade may appoint. and powers. require or requires the matter to be brought before the Court. The letter shall specify the duration of such acting appointment. under the powers given by section 67 g. the lessor and the sub-lessee or the mortgagees with notice of ~~ his intention to disclaim. or mortgagee requires the trustee to apply to the Court for leave to disclaim. he shall. Until the disclaimer is filed by the trustee the disclaimer shall be inoperative. with such variations as circumstances may require. (3) Any person so appointed shall. (3) Except as provided by this Rule. . official receivers appointed by the Board of Trade. (5) Where in pursuance of notice by the trustee of his intention to disclaim a leasehold interest. the costs of the lessor. dies.B. the receivership of estates shall be assigned to them in rotation. and neither the lessor nor the sub lessee or the mortgagees. the disclaimer of a lease without the leave of the Court shall be void. and a statement of the persons to whom notice of the disclaimer has been given. (2) When the Board of Trade. (2) The notices shall be in the Forms 119a and 119b in the Appendix. (2) Where an official receiver is removed. BANKRUPTCY RULES. or any of them. Where the bankrupt has sub-let the demised premises or created RULES a mortgage or charge upon the lease. within 14 days after the receipt of such notice. rights. 1886 AND 1890. 321. The rota shall be commenced by the first estate being assigned to the receiver whose name comes first in alphabetical order : provided that the Board of Trade may at any time require a particular estate to be assigned to a particular official receiver. and be subject to all the liabilities. 241 ii. appoints any person to act as deputy for. sub-lessee. have all the status. of an official receiver. an official receiver. all g gg fjy estates. Notice of an order removing an official 1 receiver shall be communicated by letter to the registrar of the Court to which the official receiver was attached. or resigns. rights and powers vested in him shall. (6) A disclaimer made without leave of the Court under this Rule shall not be void or otherwise affected on the ground only that the notice required by this Rule has not been given to some person who claims to be interested in the demised property. same Court. sub-lessee. (4) Where a trustee disclaims a leasehold interest he shall forth with file the disclaimer with the proceedings in the Court . 329. R . or mortgagee shall not be allowed out of the estate of the bankrupt except in cases in which the Court is satisfied that such application was necessary in order to do justice between the parties. the lessor. and the disclaimer shall contain particulars of the interest disclaimed. 37 of the Act. (7) Where any person claims to be interested in any part of the property of the bankrupt burdened with onerous covenants. 323. without any convey ance or transfer. Official Receivers. or in the place of.—(1) Judicial notice shall be taken of the appointment of the Appointment. 66—71. at the request of the official receiver or trustee. When there are two or more official receivers attached to the Annulled. order of the Board of Trade. In such cane the R. and the trustee serves 381—323. Ss.—(1) An official receiver may be removed from his office by an Removal.

as the case may be. and take part for him in the in certain public examination of the debtor. receivers. veniently attend any meeting of creditors. 176 in the Appendix. I. business and duties of any other receiver. Officers of 323c. When there are two or more official receivers attached to the receiver to district of the same Court. (2) The official receiver or some person deputed by him shall also forthwith hold a personal interview with the debtor for the purpose of investigating his affairs and determining whether the estate should be administered under section 121 of the Act. and in such manner as he may direct. Where an official receiver who holds any proxies cannot con by deputy. perty for the support of himself and his family as may be just. ment of affairs. and any clerk of the official clerks of offi receiver duly authorised by him in writing. and in such manner as the Board of Trade shall by any general or special direction require. or. or under his official control. 296. the official receiver. the official receiver employs any person to assist the debtor employed to in the preparation of his statement of affairs. Appendix. In the absence of the official receiver to whom an estate has Board of been assigned. by general or special directions. any officer of the Board of Trade duly authorised for Trade and the purpose by the Board of Trade.242 APPENDIX. 125. Whenever. The Board of Trade may. When there are two or more official receivers attached to the estates to offi district of the same Court the estates shall be assigned to such of them cial receivers. —(1) As soon as the official receiver receives notice that he Duties as to has been appointed to the receivership of an estate. may make him such allowance out of his pro S. Ss. Subsistence 325. property of a debtor. RULES registrar shall assign. or some officer of the Board of Trade. Personal 328. that estate to the ojfficial receiver so designated. fixing the amount of such allowance the assistance rendered by the debtor in the management of his business or affairs may be taken into account. at which such proxy or Sch.70 (2). Power of one 323b. 64 (2). he shall furnish debtor's state the debtor with a copy of instructions for the preparation of his state ment of affairs. 24 (2). Use of proxies 327. may by leave of the Court cial receivers act on behalf of the official receiver. The instructions shall be in Form No. 324. 125. 338. while in the possession of the debtor. in any examination under the cases to act twenty-seventh section of the Act of 1883. justifying his E. Assignment of 323a. report the matter by letter to the Board of Trade. 245—8. place as the official receiver may appoint. . Subject to any general or special directions which the Board allowance to of Trade may give. and on any unopposed for official application to the Court. with such variations or additions as circumstances may Es. 16. Special report 326. he shall forthwith assist debtor. proxies might be used. transfer the receivership of 323A—328. action therein and specifying the remuneration to be allowed to such person. 263. 46 in the Ss. he may depute some person in his employment Es. any one of them shall (subject to the direc take the tions and control of the Board of Trade) have power without any business of transfer of the receivership of an estate to take and perform any another. 326. In such case the registrar shall transfer the receiver ship of that estate to the official receiver designated by the Board of Trade. Provided that the Board of Trade may at any time require that an estate which has been assigned to one of the official receivers of the district be transferred either permanently or for special purposes of administration to one of the other official receivers. 217. to attend such meeting and use such proxies on his behalf. (3) It shall be the duty of the debtor to attend at such time and 102 (5). require. by writing under his hand. The order of transfer shall be in the Form No. performance determine what acts or duties shall be performed by the official receiver of duties. In R. under the powers given by section 70 of the as to person Act.

the official receiver shall not be required to „ . 330. be exercised by the official where no receiver.70 (3). 22.DDK. ' shall be an officer of the Court. The debtor shall. and. and he may be removed in the same manner as is provided in the case of an official receiver. such evidence may be given by a report of the official receiver to the Court. of these Rules as to trustees and Part IV. 337. to court 333. subject to the directions of the Board of Trade. 318. Where for the purpose of any application to the Court by the ■official receiver for directions. or 829—338. subject to the directions of the Board. any act or thing required or authorised to act in sudden be done by an official receiver may be done by the registrar. he may report the matter to the Board of Trade. (3) If the debtor. or for ■t™em/? on leave to disclaim a lease. appointed by the Board of Trade. 208. 1886 AND 1890. 243 in person. 121. emergency. Judicial notice shall be taken of the appointment of an assistant official receiver. committee of 338. or. Court. who shall take such action (if any) thereon as it may •deem expedient. or. furnish inspection. . g 12 332.Application vided for by the Act or these Rules relating to any proceeding in for directions. . appointed. 280—346. a special resolution of the creditors. 336. is their accounts shall not apply to the official receiver when acting as Rs. he may clal reeelvers- represent the official receiver in all proceedings in court. by official (2) Where a debtor is adjudged bankrupt. g g9 . trustee. and that such notice thereof be given to any person likely to be . and a trustee is receiver. Where a debtor against whom a receiving order has been made ]j° 313. but the Court may 3 ' in any case order that an application be renewed in a formal manner. is dissatisfied Ss. the official receiver shall account to the trustee in the s. 334. and need not be given by affidavit. to the trustee under the composition or scheme. or for an extension of time to apply for leave ^ official to disclaim a lease. the trustee. and he shall remove him. and in what cases he may discharge his functions through RULES the agency of his clerks or other persons in his regular employ. Rs~327 32sT~ 329. as the case Accounting may be. with the account or any part thereof. Applications by the official receiver to the Court may be made jj's 3q9 349 personally. where there is no official Registrar to receiver capable of acting. 331. incur any expense in relation to his estate without the express direc. In any case of sudden emergency. An assistant official receiver. or in any matter not pro. Rs. if so required by manager. the official receiver may apply to the Court for directions. R £ Ss. bankruptcy.q\ 336. on the request of the official receiver. affected thereby as the Court may direct. BANKRUPTCY RULES. In any case of doubt or difficulty. 321—2. like the official receiver to whom he is Assistant offi- assistant. and any such report of the official receiver to the Court shall be received by the Court as primd facie evidence of the matters reported upon. or for an order to take criminal proceedings against receiver a bankrupt. . Where there is no committee of inspection any functions of To act for the committee of inspection which devolve on the Board of Trade Board of Trade may. or to adjudge a debtor bankrupt. 64. it is necessary that evidence be given by him in support of such application. and without notice or other formality .i«0I. has no available assets. as the case may be. but he shall account in such manner as the Board of Trade may from time to time direct.^J^gfe 6 tions of the Board of Trade. or in any Rs. or to commit a bankrupt. —(1) Where a composition or scheme is sanctioned by the 147- Court the official receiver shall account to the debtor. When the official receiver appoints a special manager he may Removal of •at any time remove him if his employment seems unnecessary or special unprofitable to the estate. under his official control. 18. (4) The provisions of Part TV. administrative or other matter.

74. 75. RULES him with trading and profit and loss accounts. 318 (2). expenses. made by him. E. if necessary. And the Court may grant an adjournment upon such terms as it shall think fit. costs. in pursuance of the Act. or other person in whom the estate of the debtor may be vested (in cluding where necessary the debtor himself). 340. the official receiver may. if ordered by the Court so to do. or to which he may be put under such pro ceedings. furnish such debtor. shall be paid out of the estate of the debtor. (5) If such proceedings are commenced before the appointment of a trustee by the creditors. as from the date of such notice. 74 (4). Where the trustee is authorised to have an account at a local S. Liability for 339. or after the approval of a composition or scheme. and expenses. and the Court shall take such action on such report as the Court shall think just. against any official receiver in respect of anything done or default Es. credit of the estate. who shall determine whether or not such proceedings shall be resisted or defended. when acting. Payments into and out of a Bank. If such proceedings are commenced after the appointment of a trustee by the creditors. (2) As soon as any such proceedings are commenced it shall be the duty of the official receiver to report the same to the Board of Trade. costs. 312. or expenses which the official re ceiver may have to pay or bear in consequence of the said proceedings. apply to the Court for any reasonable adjournment of any motion. be deemed to be charged with the payment of the said damages. and a cash and good* ^339. and damages.24+ APPENDIX. before putting the trustee appointed by the creditors. unless the Court shall otherwise order. or other summary proceedings before a Court having jurisdiction in bankruptcy. 340. 231. (4) The official receiver shall. accounts as the Court may order for any longer period. The following provisions shall apply to every case in which costs. or in the bond fide and reasonable belief that he is acting. (3) The official receiver shall not. retain the whole or some part of the debtor's estate according as the Board of Trade shall in each case direct. If the debtor fails to comply with the requirements of the Rule the official receiver shall report such failure to the Court. pending the determination of the Board of Trade upon the question whether such motion or proceedings should be re sisted or defended. and the estate of the debtor shall. Ss. All payments out shall be made by cheque pay . the official receiver shall forth with give notice of such proceedings to the trustee. Local bank. the debtor himself into possession of the debtor's property. proceedings are taken either by action. or in any other manner. 318. he shall forthwith pay all moneys received by him in to the E. to meet the damages. the costs. or in the case of a composition. damages and expenses which the official receiver may have to pay. motion. or before the approval of a com position or scheme. Provided that account of *ne debtor shall. account for such period not exceeding two years prior to the date of Trading *ne receiving order as the official receiver shall specify. bank. or in execution of the powers given to official receivers by the Act :— (1) Subject to the provisions of the next following sub-section. unless the Board of Trade have determined that such proceedings shall be resisted or defended. be entitled to be paid out of the estate any costs or expenses which he may have to pay or bear in consequence of resisting or defending any such proceedings.

346. 342. 245 able to order. 346. when approved by the official receiver. he shall be paid such remuneration as may of special from time to time be fixed by the Board of Trade. manager. &c. ' separate matter . All payments out of the Bankruptcy Estates Account shall be Payments out made in such manner as the Board of Trade may from time to time of Bank of direct. the totals of the receipts and payments shall be added to the official receiver's accounts. ■and shall be countersigned by at least one member of the committee of inspection. and his remuneration is Remuneration not fixed by the creditors. 12. Unclaimed Funds. to pay into the Bankruptcy Estates Account any unclaimed ment into funds or dividends. 346a. composition or scheme to submit to them an account •A:ct °* 1?83. 38—46. 345. 162. either increase or diminish the amount of special or general security which any person has given. the Board of Trade may at any time order the trustee under any trustees under bankruptcy. (3) The Board of Trade shall fix the amount and nature of such security. 341. In the case of a trustee or special manager the following rules standing -as to security shall be observed.. and by such other person. Any person whose duty it is. matter in which the person giving security may be appointed either as trustee or special manager. and may from time to time. as they think tit. and. * England. under section 162 of the Act for payment out Application of the Bankruptcy Estates Account of any sum to which any person for payment claims to be entitled. but security may be given either specially Rs. 1886 AND 1890. An application. paying-in order shall be an authority to the Bank of England to receive the payment. For the purposes of sub-section 1 of section 162 of the Act of Accounts by 1883. and may ^ s' direct and enforce an audit of the account. under Section 162. The England. 125. 341—346A. Unclaimed Funds. and every cheque shall have marked or written on the RULES face of it the name of the estate. Special Manager. S. and payment of any . as the creditors or the committee of inspection may appoint. if any. 74 (7). under Section 162 of Act of 1883. pursuant to section 162 of the Mode of pay- Act. Board of Trade dispenses therewith) be supported by the affidavit of the claimant. gs_ 12 (2) (2) It shall not be necessary that security shall be given in each 21 (2). and shall be signed by the trustee. R. namely :— security to (1) The security shall be given to such officers or persons and Board of in such manner as the Board of Trade may from time to time Trade. verified by affidavit of the sums received and paid by him under or in ™ unclaimed pursuance of any such bankruptcy. Where a special manager is appointed. and shall (unless the entitled. 344. composition or scheme. BANKRUPTCY RULES. shall be made in such form and manner as the out by party Board of Trade may from time to time direct. Every special manager shall account to the official receiver. Security by Trustee or Special Manager. and such further evidence as the Board may require. in a particular matter or generally to be available for any 302. shall first apply in such manner as the Board of Bank of Trade may direct to the Board of Trade for a paying-in order. &c. direct. and such special manager's accounts shall be verified by affidavit in ^ccolmts the prescribed form. R. 343.

proceeding. ' '' 351.—(1) Any person who knowingly falsifies or fraudulently alters. of documents. under special circumstances and for good Abridgment or cause shown. or with any rule of ' ' . 354. &c.240 APPENDIX. any document in or incidental to any proceeding under the Act or these Rules.. 1869. the High Court jurisdiction and powers of the High Court under section 5 of the registrars. ' ' 1883. PART V. punishment. as against the official receiver or trustee. or these Rules) which a registrar had by delegation or otherwise Ss 94 99 169 ""mediately before the commencement of the Bankruptcy Rules. except so far as regards any proceedings under the Bank- Repeal of ruptcy Act. for the purpose of regulating any matters under the S 140 (2) -^c* or tnese Bules! which are of an administrative and not of a judicial Rs 321—2 character. Board of Trade 347. shall be deemed to be guilty of contempt of Court. Falsification 348. Non-compliance with any of these Rules. be debtors' books. entitled to withhold possession of the books of accounts belonging to- g QQ the debtor or to set up any lien thereon. No lien on 349. the present law. Jurisdiction oi 1869. or regulations. 1873. and shall be liable to be punished accordingly. RULES unclaimed or undistributed moneys arising from the property of the 347—355. Miscellaneous Matters. the registrars shall. Court shall not apply to any proceeding in bankruptcy. . S. procedure. which may be pending in any Court at the date of Rules under the coming into operation of these Rules. Rs 69 294 360. shall not render any proceeding an°e"w>ith> void. 353. R. debtor in the hands or under the control of such trustee into the Bankruptcy Estates Account in accordance with the terms of the said sub-section. and Section 103 of the Act. but such proceeding may be Rules^1 se* as^e» either wholly or in part. or any previous Bankruptcy Act. 130.a^ powers and jurisdiction (not otherwise provided for by the Act ceedings. And save as provided by Savins for these Rules. any other penalty. Unless and until the Lord Chancellor otherwise orders. extend or abridge the time appointed by these Rules enlargement of or fxe(j by any order of the Court for doing any act or taking any time. ' 354. unless the Court shall so direct. &c. Judicial notice shall be taken of any general orders or 329. and practice in bankruptcy matters shall. and purport to be issued under the authority of the Board of Trade. and not in substitution for. When no other provision is made by the Act or these Rules S. 169. The Bankruptcy Rules of 1870. regulations which are printed by the Queen's printers. Act of 1869. unless and registrars in until the Judge of the High Court otherwise orders. The Board of Trade may from time to time issue general orders orders. 1871. No person shall.' practice for the time being in force. or Rules amending them. remain in force. have and exercise pending pro. or amended or other- „ ' „. Jurisdiction of 355. Rules under Section 5 of the Debtors Act. In any proceedings commenced under the Bankruptcy Act. 105 (4). (2) The penalty imposed by this Rule shall be in addition to. annulled. Miscellaneous. or proceeding to which such person may be liable. The Court may. the Rules of the Supreme existing laws. in so far as applicable. and 1878 are hereby R. 1809. as irregular. 352.„ wise dealt with in such manner and upon such terms as the Court B 6° 20* »'aythink fit- *.

the creditor shall pay the like fee and deposit as are prescribed ceiving order. in the case of a bankruptcy petition. No summons under section 5 of the Debtors Act. and all proceedings shall be taken as if the receiving order had been made by such latter Court. with any necessary modifications. that the property of the debtor (after deduc tion of any property in the hands of secured creditors. and the registrar of the latter Court shall forthwith give notice of the transfer to the official receiver and the Board of Trade. the matter to be transferred to the Court to which. as the case may be. Order for the Court by which the receiving order is made. as to costs and otherwise. BANKRUPTCY RULES. shall Qr(jer for be issued by the High Court. 356. together with a copy of the order of transfer. unless the judgment creditor shall first summonB apply for and obtain an order of the Judge of the High Court under the said section for the issue of such summons. shall be exercised by the Judge of the High Court. if such Court is ministration. (2) In such case the registrar of the Court making the transfer R. and the judgment creditor does not consent to pay the required fee and deposit. may. by affidavit or otherwise. together with a sealed copy of the order of trans fer . 1886 AND 1890. 1869. in lieu of making a receiving order. tion order under section 122 of the Act.—(1) Where under section 103 of the Act a receiving order is Transfer of made by a Court to which a bankruptcy petition against the debtor matter to could not properly be presented. or the Court to which summary ad- the matter is transferred. 1883. 1869. 358. 247 Debtors Act. or by the report of the official receiver of such Court. he may order mittal.—(1) When a receiving order is made under section 103 of the i"ee on re- Act. 361.—(1) Where an application to commit is made to the Judge of Transfer in a Court not having bankruptcy jurisdiction. make an administra. and all debts which under the Act are directed to be paid in . provided that any reference therein to the Bank ruptcy Act. 1869. RULES and shall not be exercised by the Registrars of the High Court. 357. satisfied. the Court may dismiss the application or adjourn it on such terms. (2) Where any such order of transfer is made the registrar of the Court making the transfer shall forthwith transmit by post to the registrar of the Court to which the matter is transferred the proceed ings in the matter. a bankruptcy petition against the debtor in relation to the amount of the judgment debt would at the date of the transfer be properly presented. the costs of execution under section 46 (1) of the Act. 359. under the provi sions of the Act and Rules. the order transfer the matter to the Court to which a bankruptcy petition against the debtor would properly be presented. 358—382.order. the Court making the order shall by proper court. Where an application to commit is made to a County Court. 1869. debts enforce able by distraint. if it thinks that of receiving an order for committal ought not to be made. 360. When a receiving order is made under section 103 of the Act. shall transmit by post to the registrar of the Court to which the matter is transferred the proceedings in the matter. apply to all Courts exercising jurisdiction under section 5 of the Debtors Act. and he is of opinion that lieu of com- a receiving order should be made in lieu of committal. The County Court Rules for the time being in force as to the County Court committal of judgment debtors shall. Administration and it appears to the Court that the total liabilities of the judgment order in lieu debtor do not exceed fifty pounds. 23. and there upon the official receiver of such latter Court shall be constituted the official receiver of the debtor's estate. 362. Rules to apply. as may be just. j^- (2) Where the Court is of opinion that a receiving order ought to be made in lieu of committal. shall be deemed to extend also to the corresponding provisions of the Bankruptcy Act. the Court may.

. as Nos. 1. The said Forms Nos. and an Order of Discharge subject to a condition requiring the Orders of bankrupt to consent to judgment being entered against him for the Discharge. Made 23rd of November. Rule 3. 3. RULE 362. subject to conditions as to his earnings. 63 and 63a. which may be cited with reference to the service of forms appended to the Bankruptcy Rules. 63 shall no longer be used. 1891. 3 in Appendix. after-acquired property. and income shall be in the Form Conditional No. is not likely to exceed in value £300. with such variations as circumstances may require. 16a. BANKRUPTCY RULES. Rule 1. Commence 1892. petition.248 APPENDIX. 1886 and 1890. make an order that the debtor's estate be administered in a summary manner pursuant to section 121 of the Act and the Rules made thereunder. These rules shall come into operation on the 1st day of January. 1. balance or part of the balance of the debts provable in the bankruptcy shall be in the Form No. and shall be substituted for No. 16a of the said forms. as No. 2 in the Appendix. Rule 2. 1886 and 1890. 1 and 2 may be cited with reference to the forms appended to the Bankruptcy Rules. and form No. 2. priority to other debts). An Order for substituted service of a petition shall be in the Substituted Form No. ment. DISCHARGE. An Order of Discharge of a bankrupt. 1891.

They may be cited as the Rules of the Supreme Court (Sales under Executions) or as O. The sheriff and every other person on whom the summons has been served may attend the hearing of the application. Lindley. Ante. writ of execution against the goods of the debtor has been lodged with s. BTJLES and section 12 of the Bankruptcy Act. Edw. On the hearing of the application the applicant shall produce to the Court or Judge the sheriff's list. In these Rules— " sheriff " includes any officer charged with the execution of any writ of execution. 1890. 13. the sheriff. L. 14. may be borne by any of the persons attending. 1891. E. . B Nath. upon the sheriff. Every application under section 145 of the Bankruptcy Act. & A. L. J. D. Kay. C. Fey. Esher. and upon every person named in the sheriff s list : (6) If the applicant is the execution debtor. Order XLIII. 8. p. These Rules shall commence and come into operation on the 1st January. 1883. 9. C. J. RULES OF THE SUPKEME COURT UNDER SECTION 12 OF THE BANKRUPTCY ACT. forwardUpon to theservice of a acopy applicant list of of s' {7j' ' the names and addresses of every person at whose instance any other A. Hannen. XLIII. 1890. Pollock. 15.. (Signed) Halsbury. 10. R. 11. and every other person named in the sheriff's list. J. December 17th.12- him (hereinafter called the sheriff's list). with reference to the Rules of the Supreme Court. upon the execution creditor at whose instance the execution has been levied under which the sale is intended to be made. 34. Pres. direct that all or any part of the costs. or otherwise as may be just. and be heard in opposition to or in support of the application. J. Rules 8 to 14. 1890. P. M. L. The Court or a Judge may. at the hearing of any summons under these Rules. 1890. . Notice of the application shall be given by serving a copy of the summons four clear days before the day on which the summons is returnable :— (a) If the applicant is an execution creditor. for an order that a sale 8—15. The summons shall contain a short statement of the grounds of the application. E. under an execution may he made otherwise than by public auction -—-—_ aa7"~ shall be madeonby the summons thesummons sheriff heat shall chambers. 1883. SALES UNDER EXECUTIONS. 12. C.

. the amount of composition in the £. The description of the trade or business of the debtor. terms and expressions shall have the same meanings as men*. Returns op Registered Deeds. Act. ♦ DEEDS OF ARRANGEMENT. 5. (9) The gross value and net value of the property as shown on the register. Rules.W. Rules under Section 25 of the Bankruptcy Act. and shall be transmitted by him to the Board of Trade addressed— Bankruptcy Acts. the same terms and expressions have in the Deeds of Arrangement Interpretation. lleturns of 3. payable thereunder. 1883 AND 1890. THE BANKKUPTCY ACTS. 1890. Each return shall be signed by the proper officer of the Central Transmission Office of return. and each return shall comprise all the Deeds of Arrangement which have been registered during the week immediately preceding the day on which the return is made. 1890. 2Gth of November. The Inspector General in Bankruptcy. 1891. 1891. requires. In these Rules. S. Board of Trade. (7) The nature and effect of the deed. and section 25 of the Bankruptcy Act. They may be cited as the Deeds of Arrangement Short title and 2. and the Rules made thereunder. 1890. 4. Each weekly return shall contain the following particular* Contents of relating return. and where a composition is provided for. (6) The full name and address of each trustee (if any) under the deed. every week commencing with the 8th of January. 1890. (3) The full name and address of the debtor. Whitehall. The returns of the registration of Deeds of Arrangement to registered be made to the Board of Trade by the Registrar shall be made once deeds. (8) The gross amount and net amount of liabilities as shown in the register. to each deed of arrangement comprised in the return :— (1) The date of the deed. RULES These Rules shall come into operation on the first day of 1_5 January. and the title of the firm (if any) under which the business is carried on. (2) The date of registration. The place or places where the debtor carries on business. of the Supreme Court. unless the context or subject-matter otherwise commence. 1887.

and the trustee shall forward with his final account under the deed a statement in the Form No. the total amount of each dividend or instalment of composition must be entered in the trustee's account as one sum. 11. return Accounts op Receipts and Payments. or in any other case where the trusts of the deed or obligations . he shall. Such list shall be on sheets 13 inches by 8 inches. tion. 6. and shall be transmitted to " The Inspector-General in Bankruptcy." 8. or requires amendment or explanation. and the necessary disbursements and charges incidental to sales must be entered as payments. Where the deed has been made by a firm of debtors in partner. and any such requirement by the Board of Trade may be enforced in the same manner as the transmission of accounts under section 25 of the Bankruptcy Act. 13. 3 in the Appendix. 14. 2 in the Appendix. The return shall be made in the Form No. distinct accounts shall be transmitted of the joint estate and of accounts. 12. verifying final and has distributed a final dividend. 16. The trading account shall be in the Form No. forward to the Board of Trade an affidavit of no receipts or payments. be9. 1890. 1 in the Appendix. payments. received or paid any money on account of the debtor's ] estate. shall be in the Form No. account. and shall be on sheets 13 inches by 16 inches. and thea totals tradingofaccount receiptsmust T and acrCgU'°f payments on the trading account must alone be set out in the yearly account. 1890. Where property has been realised the gross proceeds of sale Realisations. Board of Trade. accounts. the Board of Trade may require such account to be completed or amended. When a trustee has realised all the property included in the Affidavit deed of arrangement. 10.account. 4 in the Appendix. The account of receipts and payments to be transmitted to the Transmission Board of Trade by every trustee under any deed of arrangement of accounts. showing the amount of the claim and the amount of dividend or composition payable to each creditor.forwarded When theastrustee carries a distinct on a business. and shall be on sheets 13 inches by 16 inches. 1887. 5 in the Appendix.Partnership ship. Whitehall. Petty expenses must be entered in the accounts in sufficient Petty expenses. 7. DEEDS OF AEEANGEMENT BTJLES. each of the separate estates. must be entered under receipts in the account. Where it appears to the Board of Trade that the account Imperfect transmitted by a trustee under a deed of arrangement is incomplete. 6—16. Where a trustee has not since the date of his becoming trustee. as the receipts or case may be. Where dividends or instalments of composition are distributed Dividends. distinguishing in such list the dividends or instalments of composition paid and those remaining unclaimed. Affidavit of no. as defined by section 4 of the Deeds of Arrangement Act. or final instalment of composi. „ of with such variations as circumstances may require. detail to show that no estimated charges are made. 251 (10) Such further particulars as the Board of Trade may by letter BTJLES addressed to the registrar require. and shall be verified by an affidavit in the Form No. with such variations as circumstances may require. at the period when he is required to transmit his accounts to the Board of Trade. or so much thereof as can probably be realised. In the account each receipt and payment must be entered in jjecejpts ami such a manner as sufficiently to explain its nature. 15. or since the last time that his accounts have been transmitted. or require the trustee to furnish explanations with reference to any of the entries appearing therein . under the deed.

and fulfilled these Rules. See further as to Rules under the Deeds of Arrangement Act. In any particular case in which it shall appear to the Board of accounts or Trade that an account of receipts and payments in the form and con modified taining the particulars specified in the Deeds of Arrangement Rules. 1887. 1. the trustee shall transmit 17. Summary of 17. instead of accounts in the form particular therein specified. Exemption 18. Note. 18. with his yearly account an affidavit in the Form No. 1891. 1891. 1891. Rules 17 and 18. need not be transmitted. 295—297. the Board of Trade account in may permit the trustee to transmit. prior to Jan. were completely accounts fulfilled or discharged prior to the 1st day of January. and no further accounts need thereafter be transmitted by him. or the obligations of the trustee thereunder. 1890. post. forms of 1890. at any Law Stationer's.252 APPENDIX RULES of the trustee have been completely fulfilled. the when trusts accounts prescribed by the Deeds of Arrangement Rules. . may for special reasons be dispensed with. they can be obtained. came into force on the 4th of June. ment of accounts as to the Board of Trade shall appear sufficient. Where a trustee under a deed of arrangement satisfies the from trans Board of Trade by an affidavit or otherwise that the trusts of the mission of deed. if required. 1891. 6 in the Appendix. The Forms contained in the Appendix to these Rules are omitted . which were made in May. pp. such a summary of his accounts or modified state cases.

and the person entitled to enforce the judgment judgment or order desires to do so by judgment summons against any person against a firm. 43. and Debtors Act. p. AS TO THE COMMITTAL OF JUDGMENT-DEBTORS. The districts of the Courts referred to in section 84 of the Act shall be deemed to be one district. 14b. the affidavit shall be lodged with the registrar and annexed to the c. d. Where a debtor does not dwell or carry on business and is not Application employed within the district of the Court in which the judgment was f0r leave for obtained. or that he does carry on business in such other name as aforesaid and to admit his liability to pay the amount due and payable under such judgment or order. (Order XXV.COUNTY COURT RULES. shall have been personally served summons to upon the judgment-debtor. s. such affidavit if uncontradicted would justify the making of an order Form 52a. shall be 14B made unless a summons to appear and be examined on oath. judgment summons shall issue in the form in the Appendix directed -povm 52e. ante. a copy of the said affidavit sealed with the seal of the Court. 164. 53. or to be carrying on business in such other name as aforesaid. rs. 1892 & 1895. &c- or against the person whom he alleges to be carrying on business in such other name as aforesaid. so far as relates to the issuing of judgment summonses.) Judgment-Summons. summons when in such other name. But if such person shall appear and deny that he is a partner in or the sole member of such firm. of commitment against the debtor. and thereupon a Forms 52c. 84. carries on business or is employed. ante.Judgment- after called a judgment-summons. the summons shall not be issued from that Court without a judgment- the leave of the judge. he shall file an affidavit together with a copy thereof in one of the forms in the Appendix. which summons may be issued without be served leave by the Court within the district of which the debtor dwells or personally. 1889. s.. No order of commitment under the Debtors Act. 13—42b. If the leave be granted a copy of 5 1 & 52 Vict. whom he alleges to be a partner in or the sole member of such firm. he shall be deemed to admit that he is a partner in or the sole member of such firm. who is carrying on business in any name other than his own. herein. The application for leave shall be made upon summons to affidavit according to the form in the Appendix.) (See Rule 361. and leave shall not issue out of be granted unless the judge is satisfied that the evidence afforded by the district. the judge may decide the fact on the evidence then before him or may direct an issue to be tried to determine the same . 1869. and there shall be annexed to such judgment summons and served therewith. to such person alleged to be such partner or sole member. judgment summons and served therewith. or against a Judgment person. RULES 13. 1869. Forms 50. 14a. or that he carries on business in such other name as aforesaid. 5. And if such person alleged to be such partner or sole member or to be carrying on business in such other name as aforesaid shall not appear on the return day of such judgment summons. Where a judgment or order is against a firm.

debtor has the means of obeying or could have obeyed the judgment or order of the Court . &c. Every judgment summons shall be according to the form in the service of Appendix. under such judgment or order. no further successive summons shall be allowed. then the judgment-summons may be issued and served at any time before the hearing : provided that the Court shall not act upon a summons issued under this rule. . and shall file such office required on a copy. but if such successive summons is not served in due time. and be served judgment. A judgment-summons not being a successive summons shall 15—20A. If not served by bailiff. but a fresh summons may be issued on payment of the fee. and refer the applicant to the Judge for his directions. Any successive or subsequent judgment summons may be served by such person as the judge or registrar may direct. that at the time of the appli cation for the judgment-summons such party was either about to remove from his dwelling or place of business. the last payment into Court. debtor is required to appear. RULES 15.254 APPENDIX. summons to be shall have been made. unless the certain time delay has been occasioned by an attempt to levy an execution upon from judg the debtor's goods. he shall obtain from the registrar of the Court in a court in which the judgment or order was obtained. or unless an affidavit is filed. Where a judgment-creditor desires to apply for a judgment- ment-summons summons to a Court other than the Court in which the judgment or applied for at order was obtained. within three months . place of residence or business. a successive summons may be issued without fee at any time summons. service in the form in the Appendix by the person who actually effected service must be lodged with the registrar before the return day. not issue after the expiration of four months from the date on which No judgment. not less than five clear days. and if the facts stated in the affidavit do not satisfy the registrar that the debtor might be thereon committed. and file the same with his application. resides or carries on business or is employed. 17. if any. and the registrar shall thereupon issue a judgment- Court. "Where judg 19. avoid service. his trade or profession (if any). next following rule. a judgment or order of any competent Court other than a County Where judg Court. obtained. Form 51. unless at the hearing the Judge is satisfied. according to the form in the Appen ment was not dix. the registrar shall refuse to issue the summons. by evidence on oath. and the Judge shall make such order in the matter as he shall think right. a certified copy of the which judg judgment or order in the action. and any except an facts known to the deponent. or if no payment into Court shall have been issued after a made. 103. and be issued not less than ten clear days. or is keeping out of the way to remove. "Where judg 16. against whom court other than a County the same is to be enforced. then from the date upon which default was made. Issue and 18. he shall obtain from such other Court an office copy of the ment-summons judgment or order he desires so to enforce. or was keeping out of the way to avoid service. See note to sect. stating the debtor's ment. ante. with the judgment of a registrar of the Court of the district in which the party. Where a party desires to enforce by commitment in any Court Form 49. a bailiff. Successive 20a. Where a judgment summons has not been served in due time by judgment. an affidavit of Form 52b. before the day on which the judgment- summons. showing the means which the debtor has affidavit in or since the date of the judgment or order has had to pay or to have proof of means paid the debt or instalments sufficient to satisfy the Judge that the is filed. 53. together with an affidavit of the sum then due thereon. except in the case provided for by the Forms 50. summons. Where the person applying for the judgment-summons shall ment-debtor state to the registrar that the judgment-debtor is about to remove about to from his dwelling or place of business.

addressed to the Governor of the prison used by that sent to a Court. and the expenses of any person "ltnesses may examined by the Judge. does affidavit. or that an order has been made for the administration of his estate under section one hundred and twenty-two of the Bankruptcy Act. and that the debt was provable in the bankruptcy. may be allowed ^ summoned ■by the Judge. Upon the issue of a judgment-summons against a party upon a On issue of judgment or order of the Court out of which the judgment-summons judgment- issued..y ^0^^ r such certified copy. and no warrant of execution against the goods or continued in judgment-summons upon such judgment or order shall issue from the that court. certificate has 28. Where a certified copy of a judgment or order not marked to be u'™a<*e °j ""J usedminute the as evidence of theonly is obtained judgment from aa memorandum or order registrar. according to the Form in the -^ere ortier Appendix. and an order of !®sl)e j ■ ■commitment or an order altering the terms of the judgment or order ^^jr in is made. 25. . except in accordance with the provisions of the last- mentioned section. 1892 AND 1895. Where an order of commitment is sent to a foreign Court under Deen given to the provisions of section 168 of the Act. 1883. after the making of an order of commit. and •execution or other process shall be issued by. %1—30. the Court making such Where order new order. there shall be entered the name of every witness who shall have been examined as to the ^ame of wlt" means of the debtor. the registrar of the foreign be made. the bailiff of such Court shall lodge in Court any warrant of summons execution against the goods of such party which may have been issued where warrant in the action. 24. same Court. on the hearing lssum& court. Where a judgment-debtor shall upon the return-day of a judg. resolutions have been duly registered under sections one hundred and twenty-five and one hundred and twenty-six of the Bankruptcy Act. setting forth any facts which he may resident in wish to be before the Court prior to any order being made on the district of summons. in respect of the debt. of the judgment-summons. Court shall indorse on it a notice. Where a judgment-creditor issuing a judgment-summons. Where a judgment-debtor shall. Tegistrar that no order has been made against the execution debtor in jfmute tna^ a any other Court upon such certified copy. referred to in the Appendix.Adjournment ment-debtor. t'oreio-n court 29. Witnesses may be summoned to prove the means of the judg. no order of commitment shall be made. all payments under the new order shall be made into. And the judge may. In Book H. meanT* 23. 30. whether summoned or not. 22. admit the affidavit as the evidence of the person by whom the same is made. he may forward to the registrar of the Court from which debtor not the summons issued an affidavit. of execution 26. if he shall think fit. or a Evidence by judgment-debtor summoned to appear by a judgment-summons. of commitment 27. where not reside within the district of the Court in which the summons is to creditor or be heard. ment-sumnions satisfy the judge that a receiving order has been j> k made for the protection of his estate or that he has been adjudicated not bankrupt. 255 21. unless it be shown to the satisfaction of the Judge or Form 54. and whenever an order of commitment shall be j^J^ij made there shall also be entered in the column " order " of the said Bo^h111 book a note or minute showing whether such order has been made on account of the past or of the present ability of the debtor to obey the ■order of the Court. The hearing of a judgment summons may be adjourned from BTJLES lime to time.Form 56. or commjtted. he ofshall make having on ceedinffs'torbe given j. 1869. that. Where a judgment-summons is heard in a Court other than I188 °?®n ■that in which the judgment or order was obtained. and shall affix the seal of the Court thereto. in the same manner as witnesses are summoned to give evidence upon the hearing of a plaint . 1889. COUNTY COUET RULES.

give notice to the judgment-creditor of the filing thereof. after a receiving order has been made. Payment on 34. 15 Q. but to enforce the payment of money . pay to the bailiff the amount indorsed on the order as that on the payment of which he may be discharged . according to the form in the Appendix. at any time before his body is delivered into the custody of the gaoler. B. issued. statiDg that a receiving order has been made for the protection of his estate. Where c. This and the two preceding rules show that the commitment order is not a process for contempt. Certificate that 32a. and on receiving such amount the bailiff shall discharge the defendant. 1883. 9 of B. 1869. Act. but such order shall not be enforced after the expiration of one year from the date thereof unless at any time before or after the expiration of such year the Judge shall otherwise order. the defendant may. Ex parte Official Receiver. RULES commitment against him. or to the gaoler in whose custody the prisoner is. Where a judgment-debtor is arrested. 1869. shall. but if issued and not executed it shall be recalled. or that an order for the administration of his estate has been made under section one hundred and twenty-two of the Bank ruptcy Act. as that upon prison. and shall forthwith. The fact of the making of such latter order shall be indorsed on the order of commitment. cate thereof.2. or that in respect of the judgment-debt takes place resolutions have been duly registered under sections one hundred after order of commitment. upon such affidavit being so filed. such order of commitment shall not issue. that process is suspended by s. and twenty-five and one hundred and twenty-six of the Bankruptcy Form 58. bear date on the Forms 55. annexing to such affidavit in such last-mentioned case a certificate of the registrar of the Court in which such last-men tioned order shall have been so made. he may file in the Court bankrupt within the district of which he is in custody. Rules 1—4. 95. ante: see In re Ryley. or ment when that he has been adjudicated a bankrupt. 329. And where the payment is made to the . in the Court in which the order was 31—35. on what ever day it may be issued from the registrar's office. payment of which the prisoner may be discharged. upon the application of the debtor. may be paid into the Court from which the commitment order was issued. certificate according to the form in the Appendix. shall forth with discharge such prisoner. in the last preceding Rule. and upon receiving such certificate by post or otherwise. and shall. 1884. who shall forthwith give notice to the judgment-creditor of such discharge. issue to him a Form 59. For the purposes of the three last preceding Rules the registrar an order of of the Court in which an order for the administration of a debtor's estate administration has been made under the provisions of section 122 of the Bankruptcy has been made. made. the gaoler in whose custody the prisoner shall then be. D. an affidavit according to the form in the Appendix.56 APPENDIX. Act. an affidavit as mentioned judgment. be discharged out of custody upon the certificate of the registrar of Form 60 ^na* Court.. When an order of commitment for non-payment of money is arrest. Payment in 35. Discharge of «*1. commitment shall be according to the form in the Appendix. A. 1883. and thereupon the judgment-debtor shall debtor. and shall within twenty-four hours after receiving such amount pay over the same to the registrar of the Court of which he is an officer. he shall sign and seal a certifi Form 61. day on which the order for commitment was made. the payment is made to the registrar. 1883. decided under County Court Rules. and that the debt was prov adjudicationable in the bankruptcy. Order of 33. file. 56. An order of commitment made under the Debtors Act. or into the foreign Court to 9 & 10 Vict which it was sent for re-issue under section 158 of the Act. The sum indorsed on the order of commitment.

and the summons may be issued for the full amount of the instalments in arrear. 38c. according to the form in the Appendix. sign a certificate of such payment. together with RULES costs sufficient to pay for transmitting such amount forthwith by post. 189S AND 1895. he shall. the amount inn wngresrtTipn fresa (if any) in respect of which an order of commitment has been made. 257 gaoler. and the gaoler shall upon receipt of such notice forthwith i. or(jer ma(je and in respect of which the defendant has been imprisoned. the amount (if any) in respect Rule 14.XXIII. allow the costs specified in item 64 in the scale for attending in solicitor "n Court to make or oppose an interlocutory application.B.prisoner on debtor. 1889. as . ments payable under such fresh order. Upon the judgment-creditor lodging with the registrar a request Discharge of in writing. Where on the hearing of a judgment summons the judge in lieu Provisions as of making an order of commitment makes a fresh order for payment by to amount instalments. upon payment to him of such amount. creclltor- or unless such summons is on a judgment or order of a Court other than What costs a County Court. 38. the instalments payable under the order 0™je'jr 8 shall be considered as attributable in the first instance to the discharge porm' 50a of the • amount payable under the order other than the amount in respect of which the defendant has been so imprisoned. or if the instalments in arrear exceed such balance. if such amount does not exceed the balance which remains payable under the order after deducting the amount in respect of which the defendant has been so imprisoned. may be discharged from custody. Rule 14. the Judge may award costs to the Costs on judgment-debtor. there shall be included in the amount defendant payable under such order. 39a. no ™sts a?6 to ^e costs for fees or witnesses shall be allowed to a judgment creditor. but so on judgment that the defendant shall not be liable to be imprisoned a second time summons or for nonpayment of such last-mentioned amount. 36.. office order to the Court under the order of which the prisoner was committed. the judge in lieu of making an order of Where no commitment shall make a fresh order for payment by instalments. n . allowed on unless the judge shall be satisfied that the debtor has made default a I11"?111611' and has had since the date of the original judgment the means to pay the sum in respect of which he has made default..judgment- mit the same by post to the gaoler in whose custody the judgment. roim 37.Form 61- ment-creditor fails to appear. unless the party for whom he appears a Jua-S?mellt- resides out of the district of the Court at which the summons is heard. or where an order for payment by instalments is made *or. the registrar request of shall issue a notice according to the form in the Appendix. and such costs of transmission shall be part of the prescribed costs. and discharge the prisoner. of which the defendant has been imprisoned before the date of the and as to order shall be deducted on the face of the summons from the amount subsequent payable under the order . COUNTY COURT RULES. If a judgment-debtor appears at the return-day. and trans. if in prison. in either of which cases the judge may. No costs shall be allowed to a solicitor for attending at the appearancei of hearing of a judgment summons. judgmen 38bb. if he thinks allowable to fit. that the judgment. for the purpose of any proceedings under . such order otherwise than by way of judgment summons. Costs incurred in endeavouring to enforce a judgment or order Costs of R. On any subsequent under Order judgment summons on default in payment of any instalment or instal. but the judg. A certificate of payment by a prisoner shall be according to the Certificate of form in the Appendix.orm discharge the prisoner.JF®^'0™- debtor is . and a minute thereof is entered in Book H. S . which under Order XXIII. payment. but in calculating for the purposes of any judgment such subsequent summons the amount in payment of which the sulnmons defendant has made default. default of 38aa.38—39A. Where on the hearing of a judgment summons on a judgment sum or order of a County Court. then for the amount of such balance.

default.. served. Order to be 42b. Rule to be included 14. be enforced by attachment of the person or committal. interlocu fresh order tory or otherwise. may order a warrant of attachment to issue. The copy so endorsed shall be c. which shall be according to the form in the Appendix. Provided that if the party in default appear either in person. Rule 41a of this order. and of the above notice. Orders en. which if the same under Order were made in an action or matter pending in the High Court. all cases be personal unless the judge for good cause shall make an Form 292a. as provided by Forms 294a. but in default of and service such leave it shall be issued to and served by bailiff. could. RULES by way of execution against the goods. nor shall money paid into Court otherwise than under execution in judgment against the goods be attributed to payment of such costs. on proof of service of the copy order duly endorsed attachment. 40b. Rule 6. By leave of the registrar it may Endorsement be issued to and served by the applicant's solicitor. XXIII. requiring the person who has failed to obey the order to appear at a Form 293. unless the judge shall otherwise order. a sealed copy of the order sought to be so enforced. as provided by Rule 40b. upon the person to be bound thereby. 14. and of the disobedience of the person in 296. proof of service of the copy order and notice shall not be necessary. Before any application shall be made for the issue of a warrant forcible by of attachment. the registrar. unless the judge shall otherwise order. By leave of the judge the notice may be issued and served at an earlier period than as above prescribed. . and not recovered under such 40A—42B. Order of 42a. . Service shall in of order. may be enforced by order of the judge by warrant of attachment. either un conditionally or on such terms as shall be just. entitled to the benefit of the order. summons. 66. The order of the judge authorising the issue of the warrant shall drawn up be drawn up and a sealed copy thereof shall be served on the person and copy in default either before or at the time of the execution of the warrant. 89. within the competence of the Court.. the judge. or of an execution not application for a fresh order for payment under Order XXIII. issue for service a notice under the seal of the Court thereof. issued by the registrar for service on the application of the party Form 296.258 APPENDIX. and all orders. The notice shall be issued for service and served in the same manner and under the same conditions as the endorsed copy mentioned in Rule 40b. On the day named in the notice mentioned in the last preceding Judge for Rule. execution. shall be served 36 & 37 Vict. attachment. If the person bound by the order fails to obey it. not after service less than three days after service of the copy endorsed as provided by of copy Rule 40b. Orders in the nature of an injunction. shall. Eule in such Court. endorsed with a notice in the form in the Appendix. shall not be included in the amount due under such judg abortive ment or order for the purposes of a judgment summons. or 40a. Court to be held on a day to be named in such notice to show cause why he should not be committed for his contempt in neglecting to obey such order. or by his solicitor or agent. order for substituted service pursuant to Order LI. Failure to 41a. s. obey order on the application of the party entitled to the benefit of it. and may make such order as to costs as he piay think fit.

EULES AS TO ADMINISTRATION ORDERS.
UNDER SECTION 122 OP

THE BANKRUPTCY ACT, 1883.

Made 21d December, 1888.

1. The rules made on 1st December, 1883, under the provisions of RULES
section 122 of the Bankruptcy Act, 1883 (herein-after called the Act) 1—6.
are hereby annulled as from the first day of February 1889, and the ~ ' ~
following rules shall thereafter stand in lieu thereof. "Skd
2. A debtor against whom a judgment has been obtained in a ann
County Court desiring to obtain an administration order under section Request for
122 of the Act shall file with the registrar of the Court a request and orQer-
statement in writing in the Form No. 1 in the Appendix.
When the debtor is illiterate and unable to fill up the request and
statement the registrar or his clerk shall fill them up from the
information given by the debtor.
3. —(1) The debtor shall state in his request whether he proposes to Contents of
pay his creditors in full, or whether he proposes to pay a composition, request.
In the latter case he shall further state the amount in the pound which
he proposes to pay, and in either case the amount of the monthly or
other instalments by which he proposes to pay.
(2) The debtor shall set out in a list attached to his request the
names, addresses, and descriptions of all his creditors, including all
secured creditors, and all creditors having power to distrain, such
as creditors for rent, rates, and taxes.
(3) The debtor shall attach to his request and statement an
affidavit deposing that, to the best of his knowledge, information,
and belief, the names of all his creditors, and the true amounts of
the debts due from him to them, are set out in the list attached to
the request, and that the statements made by him in his request and
statement are true.
4. Upon a request being filed the registrar shall as soon as may be Notice of
send in the Form No. 3 in the Appendix a notice to all the creditors request,
mentioned in the list of the day and hour when the debtor's request
will be heard. The notice shall be sent by post not less than ten
clear days before the day appointed for hearing the request.
The registrar shall also in like manner send a notice to the debtor
in the Form No. 2 in the Appendix.
5. Any creditor to whom the notice of the request has been sent, objection to-
and who desires to object to any debt stated by the debtor, shall send debts set out
written notice of his objection, by post or otherwise, to the registrar, by debtor,
and to the debtor and to the creditor whose debt is objected to, not
less than five clear days before the day fixed for the hearing of the
request ; and he shall state in the notice the grounds of his objection.
The objection may be heard although such notice has not been given.
S 2

APPENDIX.

6. Upon the request coming on for hearing the course of pro
ceedings shall be as follows :—
(1) The debtor shall attend in person unless the Court otherwise.
directs.
(2) Any creditor, whether he has received a notice of the request
or not, may attend the hearing thereof and prove his debt,
and object to any debt.
(3) All debts set out in the list attached to the request shall be
taken to be proved unless objected to by a creditor, or
disallowed by the Court.
(4) All creditors whose debts are objected to either by the debtor or
any other creditor shall prove their debts in like manner as.
upon the hearing of an ordinary summons, provided that the
Court may in its discretion direct the proof of any debt to be
adjourned upon any terms that it may think fit, and may
thereupon either adjourn the further consideration of the
application or proceed to determine the same, in which latter
case such debt, if and when proved, shall be added to the
schedule of proved debts.
(5) The debtor shall answer all questions put or allowed by the
Court.
(6) Any creditor who has proved, and by leave of the Court any
creditor the proof of whose debt has been adjourned, and with
the like leave any other person on behalf of any such
creditor, shall be entitled to be heard and to adduce
evidence.
(7) Where the debtor proposes to pay a composition no administra
tion order other than for payment in full shall be made
where the composition is dissented from by a majority in
number and value of the creditors who have no power to
distrain and who do not hold security.
(8) The dissent of the creditors may be given orally at the hearing
or by written notice to the registrar, in the Form No. 3 in the.
Appendix.
(9) Where it appears that the conduct of the debtor has been such
that, if the debtor were applying for the sanction of a com
position or scheme under section 18 of the Act, the Court
might refuse its sanction, the Court may refuse to make an
administration order.
(10) No administration order shall be made under which payments
shall be extended over a period of more than six years from
the date of the order.
7. The administration order shall be in the Form No. 4 in the
Appendix, and, when made, a copy thereof shall be sent by post by
the registrar to the debtor, but it shall not be necessary to prove the
receipt thereof by the debtor before taking any proceedings upon the
order.
Notice of the order having been made shall be sent to each
creditor ; the notice shall be sent by post, and shall be in the Form
No. 5 in the Appendix.
8. Any creditor entitled to object under sub-section 11 of section
122 of the Act to any debt scheduled must give notice in writing to
the registrar of his objection and of the grounds thereof, and the
registrar shall thereupon name a day when the objection may be
heard. An application to allow the objection shall be heard ex parte
in the first instance by the judge or registrar, who may dismiss the
application, or may direct it to be renewed upon notice being given to
such persons and upon such terms as to security for costs and other
wise as he may think fit.

RULES (A. 0.) UNDER S. 122. 261
9. After an administration order has been made no creditor to RULES
"whom notice of hearing of the request has been duly sent under rule 4 jj 18,
shall be entitled to object to any debt comprised in the schedule to objections
the order, or to the manner in which payment is directed to be made time
by the order, unless, within two months from the date of the order,
he proves to the satisfaction of the registrar that the notice did not
reach him and that he has not received reasonable notice of the pro
ceedings in any other manner.
10. Any creditor desiring to prove a debt under sub-section 12 Proof under
of section 122 of the Act shall send in his claim in writing to the sub-section 12.
registrar, who shall thereupon send notice of the claim to the debtor
in the Form No. 9 in the Appendix.
11. If the debtor does not appear and dispute the claim within the Proceedings
period allowed by the notice, the claim shall be deemed to be proved, if claim not
and shall be added to the schedule to the order accordingly, and disputed,
notice of the addition shall be sent to the creditor.
12. If the debtor objects to the claim and gives notice of his Proceeding
objection in the Form No. 9 in the Appendix, the registrar shall if claim
-appoint a day for the hearing of the objection and give notice of the disputed,
time for hearing to both parties.
13. If the Court thinks fit, or is so requested by the majority of Conduct of
the creditors present at the hearing of the request who may have order,
proved, the Court may appoint any person to have the conduct of the
order, and may at any time afterwards remove him.
It shall be the duty of any person so appointed to take all proper
proceedings for enforcing the terms of the order, but in case of his
neglect to proceed or of urgency any creditor may take such pro
ceedings.
14. A judgment summons shall be issued without fee and be served Judgment
personally five clear days before the return day thereof, and all pro- summons to
ceedings thereon shall be taken in like manner as if it were a judg- enforce order,
ment summons issued in an action in the County Court, except that
the debtor (as provided by the statute) must prove that he has not had
the means to pay the sum in respect of which he has made default ;
and the judge, if satisfied that the debtor has not had the means to
pay the sum in respect of which he has made default, may direct that
the order of administration shall be deemed to have been suspended
during the period covered by the default.
15. Where an administration order has at any time heretofore been Rescission of
or shall hereafter be made, such order may at any time be set aside or order,
rescinded by the Court in any pf the following cases ; namely,
(1) Where two or more of the instalments ordered to be paid are in
arrear.
(2) Where the debtor has wilfully inserted in the list attached
to his request the wrong name or address of any of his
creditors, or has wilfully omitted therefrom the name of any
creditor.
{3) Where the debtor subsequent to the date of the order has
obtained credit to the extent of £2 or upwards without
informing the creditor that he has an administration order.
(4) Where the order has been obtained by fraud or misrepre
sentation.
(5) Where a receiving order has since the date of the administra
tion order been made against the debtor.
16. —(1) Where an order is set aside or rescinded under the last Effect of
preceding rule, it shall be without prejudice to anything already done rescission,
or suffered under the order.
(2) Any money paid into Court under the order may be dealt with
as if the order had not been set aside or rescinded.

262 APPENDIX.
BULES (3) Notice shall be sent by the registrar to every creditor named
17—24. in the schedule that the order has been set aside or rescinded.
Suspension 17. Where it appears that the debtor is unable to pay any instal
of order. ment, by reason of illness or other unavoidable misfortune, the judge
or registrar may from time to time suspend the operation of the order
for a term not exceeding three months, or make a new order for pay
ment by instalments.
Second 18. Where the debtor has filed a request for an administration
request. order, and the Court has refused to make the order, or when an order
has been rescinded, the debtor shall not be allowed to file another
request in the same or any other Court without first obtaining the
leave of the Court first mentioned.
Suspension 19. When an order of committal is made upon the hearing of"
of order any judgment summons, and the execution of the order is suspended
for a specified time to enable the debtor to pay the amount in
committal. respect of the nonpayment of which the order was made, the order
of administration for payment shall be also suspended during that
time.
Calculation 20. In calculating the amount in arrear under an order of admi
of arrears. nistration any instalments accruing due during the period for which
such order has been suspended shall not be reckoned in that
amount.
Payment of 21. All persons scheduled as creditors under sub-section 12 of
debts pari section 122 of the Act, before the order of administration is,
passu. superseded under sub-section 13 of the Act, shall rank pari passu
inter se, subject to the priority given by sub-section 12 to those-
creditors who are scheduled as having been creditors before the
date of the order of administration, but no payment made to any
such creditor by way of dividend or otherwise shall be disturbed
by reason of any subsequent proof by any other creditor under
sub-section 12.
Registrar's 22. The registrar shall keep account of the moneys received and
accounts. payments made under any administration order in such manner as
may be from time to time directed by the Commissioners of Her
Majesty's Treasury.
Use of forms. 23. The Forms in the Appendix hereto, with such variations as.
circumstances may require, shall be used for the purposes of these
Rules and of section 122 of the Act.
Construction 24. In the construction of these Rules, unless there is anything
of rules. in the subject or context repugnant thereto, words shall have the
same meaning as in the County Courts Act, 1888, and the Rules and
Orders made thereunder.

JUDICIAL OKDEKS AND REGULATIONS
UNDER THE BANKRUPTCY ACT, 1883.

Assignment of Bankruptcy to Judge of High Court. — orders.
Bankruptcy business under the act was originally assigned to Mr.
Justice Cave, and has recently been assigned to Mr. Justice Vaughan-
Williams.
Assignment of Bankruptcy Business to Queen's Bench
Division. —By an order of January 1, 1884, it was directed that
on and after the first day of January, 1884, all matters pending in the
London Bankruptcy Court at the commencement of the said Act, and
all matters which would have been within the exclusive jurisdiction
of the London Bankruptcy Court if the said Act had not passed, and
all matters in respect of which jurisdiction is given to the High Court
by the said Act, should be assigned, until further order, to the Queen's
Bench Division of the High Court of Justice.
Officers to take Oath. —By virtue and in exercise of the power
given by the 135th section of the above-mentioned Act, I, the Honour
able Sir Lewis William Cave, the Judge of the High Court of Justice
to whom bankruptcy business is assigned, hereby authorise and appoint
Samuel Radness Stockton, George Falkner, Henry Alfred Stacey,
William Notson, Thomas Smith, Henry Wright, Henry Perkins,
Edward Grainger Austin, Frederick Plaskete Brown, and Richard
Humphris, officers attached to the said High Court in Bankruptcy, to
be persons before whom affidavits, affirmations, and declarations, to
be used in a Bankruptcy Court, may be sworn, taken, or made.
The 1st day of January, 1884. (Signed) Lewis W. Cave.
Order of the Lord Chancellor under s. 103. —I, the Right
Honourable Roundell, Earl of Selborne, Lord High Chancellor
of Great Britain, by virtue of the 103rd section of the Bankruptcy
Act, 1883, and all other powers enabling me in that behalf, do hereby
order that on and after the 1st day of January, 1884, the jurisdiction
and powers under section 5 of the Debtors Act, 1869, now vested in
the High Court of Justice, shall be assigned to and exercised by the
Judge to whom bankruptcy business is assigned [and do further order
that the said jurisdiction and powers shall be delegated to and exercised by
the Bankruptcy Registrars of the High Court, subject to an appeal by any
person affected by any order or decision of such Registrars to the Judge to
■whom bankruptcy business is assigned, provided that if any case shall
appear to the Bankruptcy Registrar to be one for committal, he shall
adjourn the same to be heard before the judge to whom Bankruptcy
business is assigned].
The 1st day of January, 1884. (Signed) Selborne, C.
The words in italics must be read as omitted ; see Rule of
Lord Chancellor, March 4, 1885, post, p. 264.

264 APPENDIX.

ORDERS. Rule as to the 5th Section of the Debtors Act, 1869.—I,
the Right Honourable Roundell, Earl of Selborne, Lord High
Chancellor of Great Britain, by virtue of the 103rd section of the Bank
ruptcy Act, 1883, and all powers enabling me in that behalf, do hereby
order that from and after the fourth day of April, 1885, so much of a
certain order made by me, by virtue of the said section and powers,
dated the first day of January, 1884, as ordered that the jurisdiction
and powers under the 5th section of the Debtors Act, 1869, vested in
the High Court of Justice should be delegated to and exercised by the
bankruptcy registrars of the High Court, subject to an appeal by any
person affected by any order or decision of such registrars to the judge
to whom bankruptcy business is assigned, and subject to a proviso
that if any case should appear to the bankruptcy registrar to be one
for committal, he should adjourn the same to be heard before the
judge to whom bankruptcy business is assigned, be and the same is
hereby as from and after the date aforesaid rescinded, and the said
Order shall thereafter be read and construed as if the words commen
cing " and do further order " down to the conclusion of the said Order
were omitted therefrom : Provided always that nothing in this Order
shall affect the proceedings in any debtor's summons taken out before
a bankruptcy registrar at any time before the said fourth day of April,
1885, and that any such proceedings shall and may have effect and
continue as if this Order had not been made.
Dated the Fourth day of March, 1885.
(Signed) Selborne, C.
For Order Jan. 1, 1884, see ante, p. 263.
Order issued by the Judge of the High Court.—The
Bankruptcy Act, 1883. The first day of January, 1884 :—
1. On and after the first day of January, 1884, until further order
the registrars in Bankruptcy of the High Court shall hear and deter
mine at the Bankruptcy Buildings, Lincoln's Inn Fields, the following
matters and applications which by the said Rules are directed to be
heard and determined in open Court, that is to say,
(a) The public examination of debtors ;
(6) Applications to approve a composition or scheme of arrange
ment ;
(c) Applications for orders of discharge or certificates of removal
of disqualifications.
2. On and after the first day of January, 1884, until further order,
the registrars in Bankruptcy of the High Court shall hear and deter
mine at the Bankruptcy Buildings, Lincoln's Inn Fields, all matters
and applications which by virtue of the said Rules may be heard and
determined in Chambers, except the following matters and applica
tions, that is to say :—
(a) Applications by a creditor for leave to commence any action
or other legal proceedings under sect. 9 ;
(6) Deciding on the validity of an objection by the Board of
Trade to the appointment of a trustee under sect. 21 ;
[Rescinded.] (c) Applications by a trustee for leave to disclaim a lease under
sect. 55 ;
[Rescinded.] (d) Applications for an order rescinding any contract made with the
bankrupt under sect. 55 ;
[Rescinded. ] Opposed applications for a vesting order under sect. 55 ;
(/ ) Special cases stated for the opinion of the High Court under
sect. 97 ;
(g) Applications to transfer actions under sect. 102 (4) ;
(h) Applications by the Board of Trade under sect. 102 (5) ;

ORDERS UNDER THE BANKRUPTCY ACT, 1883. 265
(t) Applications by a trustee for leave to commence an action in ORDERS,
the names of the trustee and of the bankrupt's partner
under sect. 113 ;
(k) Applications for the approval or for the amendment of issues [New Rule
of fact to be tried by a jury under Rule 84 ; 94.]
(I) Applications for direction as to the trial of issues of fact under [New Rule
Rule 86, and 96.]
(to) Applications for directions as to the trial of actions brought [New Rule
by a trustee under Rule 91. 101.]
3. Any matter or application which a registrar has jurisdiction to
hear and determine under the above-mentioned Act and the General
Rules made in pursuance thereof and this Order or any of them,
■except judgment debtors' summonses under sect. 5 of the Debtors
Act, 1869, shall be adjourned to be heard before the Judge :
(a) If all the contending parties require the matter or application
to be so adjourned ;
(6) If any of the contending parties, or, in the case of an ex parte
motion, if the applicant requires the matter or application
to be so adjourned and the registrar is of opinion that it
involves a question of difticulty on the ground of novelty or
otherwise.
4. Where any matter or application is adjourned to be heard by the
Judge, the registrar shall certify to the Judge whether the matter or
application is adjourned at the request of all or of some and which of
the parties, and in the latter case the registrar shall also state shortly
the question of difficulty involved.
5. Where any matter or application is so adjourned by a registrar
sitting in open Court, it shall be adjourned to be heard by the Judge
in open Court. Where any matter or application is so adjourned by
a registrar sitting in chambers it shall, if any of the contending
parties, or, in the case of an ex parte motion, if the applicant so
requires, be adjourned to be heard by the Judge in open Court,
but otherwise it shall be adjourned to be heard by the Judge in
chambers.
Lewis W. Cave.
Par. 1. Cf. Rs. 6, 7.
Par. 2. Cf. sect. 98, R. 6.
Clauses (c), (d), (e), are now omitted from this Order ;
see Regulations, March 25, 1885, infra.
Pars. 3, 4, 5. Further as to adjournment from registrar to
Judge, and from chambers to Court and vice versa, see Rs. 8, 9,
and Regulations, March 25, 1885, infra, pars. 2, 5, 13.

Regulations for the Conduct of Business in Bank
ruptcy in the High Court.—1. Regulation 2 of the Order of
January 1st, 1884, shall be read as if clauses (C), (D), and (E) were
omitted therefrom.
2. All matters and applications in bankruptcy, which, by the Act or
the Rules, or the general or special directions of the Judge, are to be
heard before him, except matters and applications adjourned by a
registrar to be heard by the Judge in chambers, will be heard in open
Court, unless otherwise ordered.
3. All matters and applications for hearing before the Judge in open
Court, except ex parte motions, shall be set down in a list to be kept
at the office of the senior bankruptcy registrar, and will be heard in
the order in which they are set down in such list, except in cases of
emergency, or for any other sufficient cause.
4. Ex parte motions will be heard immediately on the sitting of the

266 APPENDIX.
ORDERS. Court, before all other matters and applications, and in case of
emergency may, by leave of the Judge, be made at any time during
the day.
5. The hearing of applications for the committal of any person to
prison, the hearing of objections by the Board of Trade to the
appointment of a trustee, and the hearing of matters and applica
tions adjourned by a registrar to be heard before the Judge in open
Court, shall take place on such Monday during the sittings as the
registrar shall appoint, or so soon thereafter as the matter or applica
tion can be heard.
6. Every notice of motion to be heard before the Judge shall name
some Monday during the sittings for hearing the motion, and such
motion will be heard on the Monday so named, or so soon thereafter
as the motion can be heard.
7. All applications, matters, and summonses for hearing before the
Judge in chambers shall be set down not later than 4 o'clock on the
previous Friday in a list to be kept at the office of the senior bank
ruptcy registrar, and will be heard in the order in which they are set
down in such list.
8. Applications for leave to issue a summons under section 5 of the
Debtors Act, 1869, may be made ex parte, and without any affidavit.
The applicant must produce a printed form of application for a sum
mons properly filled up, which, if leave to issue the summons is given,
will be endorsed by the Judge.
9. When it is intended to apply to the Judge for the costs of short
hand notes of the hearing of any motion or appeal, the application
should be made in Court before the notes are taken. In the absence
of special circumstances, an application for the costs of such notes
will not be entertained if not made until after the notes have been
taken.
10. An application for the Judge's notes of the evidence given upon
a motion before him for use in the Court of Appeal may be made at
any time after the hearing ; such application must be in writing, and
must have the appropriate stamp affixed to it, and thereupon the
notes will be transmitted by the Judge to the Court of Appeal. After
such written application has been made either party may obtain a
copy of the notes for the use of his counsel on application to the
Judge's clerk, and on payment of a fee of 6d. per folio.
11. A Divisional Court will sit at the Royal Courts of Justice on
every Tuesday during the sittings of the High Court, unless notice to
the contrary is given.
12. The Judge will sit in open Court on every Monday during the
sittings of the High Court, unless notice to the contrary is given.
13. The Judge will sit in chambers at 4 o'clock in the afternoon of
every Monday during the sittings of the High Court (unless notice to
the contrary is given) for the purpose of hearing matters and applica
tions adjourned by the registrar to be heard before the Judge in
chambers, and also for the purpose of hearing summonses under
section 5 of the Debtors Act, 1869, and applications for leave to issue
such summonses.
14. These Regulations shall be substituted for the Regulations of
the 7th of January, 1884, and shall come into operation from and after
the 4th of April next.
Dated the 25th day of March, 1885.
(Signed) Lewis Cave.
For Order, Jan. 1, 1884, see ante, p. 264.

OEDEES TJNDEE THE BANKEOTTCY ACT, 1883. 267
Additional Regulation with respect to Applications ORDERS.
for leave to issue Judgment Summonses under Section
5 of the Debtors Act, I860.—The Debtws Act, 1869.—Where
the amount remaining due on a judgment of the High Court exceeds
£50, and the judgment debtor resides or carries on business within
the London Bankruptcy District, a summons under section 5 of the
Debtors Act, 1869, may be issued out of the High Court without
further order.
(Signed) Lewis Cavb.
June 8th, 1885.
Cf. Rs. 355—6, ante; Regulations, March 25, 1885, pars. 5, 8,
13, ante, p. 266.

In Summary Cases under Section 121.000. drawing £ s. drawing and attesting petition. and copy notice of and attendance at taxation (ex clusive of Court fees and other proper disbursements) . 10. „ 2. and upon preliminary examination of debtor. In Non-Summary Cases. attending public ex amination. obtaining appointment to tax. drawing bill of costs. but not to exceed £300. attending presentation and hearing thereof. attending presentation and hearing thereof. .000. («) COSTS.000 8 8 0 „ 5. 1.000 10 10 0 . „ 7.400 Preparing order of adjudication on application of debtor under Rule 190 0 13 4 But cf. on giving him all necessary information after order made.000 4 4 0 „ 1. 2. obtaining appointment to tax. The costs under these two heads (a) and (b) will not be R.000.000 7 7 0 „ 4. d. „ 4. («) See generally as to costs. and upon preliminary examination of debtor. and attesting petition.. but not to exceed £200 :— Instructions for petition. (c) Where the assets are certified by the official receiver as likely to realise more than £200. three-fifths of the following charges in accordance with the provisions of Rule 112. „ 3.000 6 6 0 3.000.112a. Es. search for prior petition.000. and copy notice of and attendance at taxation (ex clusive of Court fees and other proper disbursements) . drawing bill of costs. „ 5. (a) Where the assets are certified as not likely to realise £100 :— Instructions for petition.500 9 0 0 7.500 or fraction of £2. liable to reduction under Rule 112. attending official receiver with deposit. shall be allowed.000. attending public ex amination. search for prior petition. ' !• —Petitioning Debtor's Solicitor's Bill of Costs. attending official receiver with deposit. SCALE OF SOLICITORS' COSTS. on giving him all necessary information after order made.000 5 5 0 „ 2. . 10. but not to exceed £1.500 beyond the first £10.300 Preparing order of adjudication on application of debtor under Rule 190 0 10 0 (6) Where the assets are certified as likely to realise more than £100.000. 108-128. Instructions for petition :— Where the assets are certified— As not likely to realise £500 3 3 0 As likely to exceed £500.500.. then the fee shall be in creased by one guinea for every additional £2.

. . The expense of an assignment shall not be allowed where a declaration of inability would answer the purpose. Instructions for drawing consent to receiving order (if a receiving order is made by consent within five days after service of petition) :— Where the assets are certified by the official receiver— As not likely to realise £500 1 1 0 As likely to exceed £500. &c. 0 13 4 Letters. 0 13 4 Attending official receiver with deposit . . Debtor's Solicitor's Costs on filing a Declaration of Inability to Pay. . . including affidavit of identity of debtor (where requisite) 0 13 4 Attending filing . .068 The charges under this paragraph shall not be allowed in cases falling under paragraphs 1 (a) and (6). „ 2. .068 Attending presentation and hearing of petition 0 10 0 Drawing receiving order and copy and attending passing .068 Drawing and attesting petition . Instructions for drawing and attesting declaration of in ability to pay. . . . messengers. . . . If the assets realise more than the amount certified by the official receiver. &c. Search for prior petition . Debtor's Solicitor's Costs on consenting to a Receiving Order on Creditor's Petition. . 4. charges. the fees may be calculated accordingly and the additional percentage shall be recoverable out of any assets available after payment of all costs. . or if the debtor subsequently files his own petition. . . . . but not to exceed £1. . d. 0 13 4 Letters. 1 11 6 „ 1. . . and giving him all necessary information .. . .500. . 2 2 0 „ 2. and if paid shall be repaid to the trustee. if claimed in writing before the assets have been distributed by the trustee.060 The charges under this paragraph shall not be allowed in cases falling under paragraph 1 (a) and (6). and giving him all necessary information .500 . . .060 3. and if the assets realise less than the amount so certified the excess of percentage shall be disallowed. 0 10 0 Preparing order of adjudication on application by debtor under Rule 190 10 0 Attending official receiver on receiving order being made. A certificate of the official receiver as to the value " which the assets are likely to realise shall be pro duced to the taxing officer. . 3 3 0 Preparing order of adjudication on application by debtor tinder Rule 190 10 0 Attending official receiver on receiving order being made. and fees.. .000 . In cases where a composition is accepted and con firmed by the Court the value of the assets shall be taken at the amount payable to the trustee or other wise required for the purposes of composition. . and the allowance for instructions for petition made in accordance there with. messengers. COSTS. .000. SCALE OF SOLICITOES' COSTS. . 269 £ s.

. . £ ». he shall not be paid for loss of time. Search for prior petition . affidavits in reply or procuring rivd voce evidence. . where the petition exceeds 7 folios. . Instructions for petition . . the usual charges for brief and counsel's fees shall be allowed. or h of section 4 of the Act. . per folio . b. .068 Two copies of petition for sealing. and where it is necessary to instruct counsel to sup port the petition. d. . e. per folio . . . the charges for which. . . Proceedings on Petition. . . . . shall be in the discretion of the taxing officer according to the circumstances. . . . . . . . except where petitioners are in partnership 0 6 8 Where petitioning creditor is a company or corporation with seal 0 13 4 Drawing and fair copy affidavit verifying petition . . but shall be allowed his expenses of travelling and subsistence. Where the act of bankruptcy arises under sub sections 1. 1. . . 0 13 4 Payment of witnesses (see Scale in No. .270 APPENDIX.004 Attesting signature of each petitioning creditor.036 Drawing bankruptcy petition . 0 10 0 Engrossing.004 Preparing subpoena and serving witnesses. and preparing request to issue . . . c. . . . and where it is necessary to instruct counsel the usual charges for brief and counsel's fees shall be allowed.. . . ) The petitioning creditor shall not be regarded as a wit ness . .034 Attending petitioners to be sworn . . or arranging with witnesses for their attendance on presentation of petition when necessary . Instructions for and preparing notice. d. .068 If the act of bankruptcy is default made upon a bank ruptcy notice issued by the solicitor to the petitioner this last charge shall not be allowed. VI. COSTS. II. . and for summoning witnesses. .050 Affidavit of service of notice (where necessary) and attend ing swearing 068 Attending Court on hearing of notice and drawing order .10 0 Examining particulars of petitioning creditor's account . . .— Petitioning Creditor's Solicitor's Bill of Costs. . . 0 13 4 Attending filing 068 Notice and two fair copies 0 6 8 Attending sealing notice and copies 0 6 8 Service of notice . or for affidavits. a. . .. all necessary charges in addition to the foregoing shall be allowed for perusals of affidavits. . special attendances (where necessary) to examine witnesses as to the facts they can prove shall be allowed. . . . — Where the Act of Bankruptcy is non-compliance with a Bankruptcy Notice. . .036 Agent's writing result of search . . . 2. . 0 13 4 If the debtor sets up a counter-claim or otherwise dis putes the validity of the notice.068 If the solicitor resides at a distance :— Writing agent to search for prior petition .

. paying deposit and giving all necessary information 0 13 4 Letters. .. Attending Court where adjournment ordered .200 Drawing order in duplicate and attending to pass . SCALE OF SOLICITORS' COSTS. 0 13 4 More than one attendance at the presentation or hearing of a bankruptcy petition shall not be allowed unless ordered and certified by the Court at the time. 0 13 4 Attending by agent 10 0 Instructions for appointment of interim receiver . . .068 Attending filing affidavits .068 Drawing same. (in discretion of taxing officer). . ..500 3 3 0 Attending Court on hearing petition . . per folio . . 0 10 0 Attending official receiver after receiving order made. &c. .10 0 Attending by agent . . ..100 Attending by agent . . per folio 004 Attending deponents.. . . and does not employ his own solicitor :— Drawing and attesting consent. . each . messengers.000 1 11 6 As likely to exceed £1. . . . . . . . . .068 Affidavit of petitioner's debt.1 1 0 As likely to exceed £500 but not to exceed £1. and giving him all necessary information .068 Where the debtor consents to an immediate receiving order. . . . 3. . . . Preparing and making application to the Court for sub stituted service. .. including drawing and attend ing swearing . Attending official receiver with deposit . . . COSTS. . . . . . . . .100 Attending by agent 2 0 0 Where the solicitor resides at a distance from the Oourt his travelling expenses may be allowed. including affidavit of identity (when requisite) :— Where the assets are certified— As not likely to realise £500 .200 Drawing receiving order and copy and attending passing . VI. .) Affidavit as to act of bankruptcy. 0 13 4 Drawing and copy application . . 271 £ s. each . . .500 2 2 0 As likely to exceed £2. . . Drawing order for hearing petition 0 3 4 Service of petition (see Scale in No. . . .050 Instructions for necessary affidavits in support. . .0 6 8 The amount of deposit is to be charged in the petition ing creditor's bill of costs. . . .£2. . .. . .010 Fair copy. Attending on presentation of petition and investigation of the statements therein by the Court. d. and for clerk . . . Costs for Substituted Service where the Debtor keeps out of the way to avoid Service. . . . . provided the total charge does not exceed costs of attendance by agent. . . .068 Attending Court on hearing application . including previous attendances to serve which have been without effect because the debtor was .068 Attending official receiver with order.000 but not to exceed . including drawing and attending swearing . . . .

. Drawing exceptions to sureties . . and for summoning witnesses. . 0 13 4 This charge shall be subject to increase. Attending to make inquiries as to sufficiency of sureties . 0 13 4 4. . Where the Debtor disputes the Statements in the Petition. shall be in the discretion of the taxing officer. where necessary. COSTS.10 0 Attending by agent 200 5. showing that due pains had been taken to effect personal service.068 Special attendances shall be allowed to examine wit nesses as to the facts they can prove. £ s. and where it is necessary to instruct counsel to support the petition. . the charges for which. .034 Service thereof on debtor's solicitor 0 5 0 Attending Court when sureties allowed or disallowed . per folio 0 0 4 Attending to swear and file affidavit and to obtain order for substituted service and drawing up order . .. according to the distance of the sureties' residence . . Where the Debtor is required by the Court to enter into a Bond.. . 0 13 4 The costs of the affidavits in opposition to the allowance of the bond for want of sufficiency of sureties shall be the same as of other special affidavits.272 APPENDIX. . per folio . and. . . . agency charges for making such inquiries shall be allowed. Attending Court when the receiving order is made . Attending petitioner where the debtor has served notice of disputing the statements in the petition .010 Fair copy of affidavit. . according to the cir cumstances . d. keeping out of the way and could not be personally served (inclusive charge) 0 15 0 Drawing affidavit of facts. . the usual charges for brief and counsel's fees shall be allowed.

. 0 13 4 Attendance at first meeting of creditors . . if the official receiver shall certify that the work done was neces sary or useful.. 0 13 4 The petitioning creditor's solicitor may be allowed all proper charges at the rate specified in the scale for all work necessarily or usefully done in the interests of the creditors generally for the protection or benefit of the estate between the presentation of the petition and the date of the receiving order. unless the taxing officer considers that further affidavits were necessary. SCALE OF SOLICITORS' COSTS. —Special Costs. per folio 0 0 4 Attendances on deponents. . Where the official receiver employs the petitioning creditor's solicitor or the debtor's or other solicitor to take any steps for the protection or benefit of the estate or in other matters not included in the fore- R. Attendance at public examination where the Court thinks such attendance necessary . . . £ s. . d. the taxing officer may.B. allow all proper charges for such services at the rate specified in the scale. . .068 Attending official receiver to lodge papers. or otherwise been of substantial advantage to the estate. . each 0 6 8 Drawing same. and to obtain appointment to hear application 0 6 8 Attending official receiver on hearing application . . III. T . . Such certificate may be given by the signature of the official receiver to a memorandum containing such certificate at the foot of the bill of costs. and shall not be exceeded unless specially authorised by him :— Attending official receiver upon preliminary ex amination of debtor . which may be given by a memorandum containing such certificate at the foot of the bill of costs. . . 0 13 4 Drawiug and copy application . and such services shall have assisted to preserve or increase the assets. 0 13 4 Proper charges for further attendances on creditors and other work necessarily done by a solicitor in connec tion with the appointment of a special manager shall be allowed. . . each . . . . per folio 0 10 Fair copy. but no costs shall be allowed on an un successful application unless the official receiver shall certify that the costs of the application should be allowed. In exceptional cases where the petitioning creditor's solicitor has prior to the presentation of the petition rendered special services in the interests of the credi tors generally. . Instructions for appointment of a special manager . 0 5 0 Instructions for affidavits in support.110 The following costs subsequent to receiving order may also be allowed upon a certificate in writing of the official receiver that the attendance was necessary in the interests of the estate. not exceeding three in number. 273 COSTS. upon a certificate signed by the official receiver to that effect.

. provided that the total fee shall not exceed £5. . and drawing application for appointment to hear and notice . 0 15 0 On creditor's petition (when costs do not exceed £10) .010 Fair copy.274 APPENDIX..068 Perusing and considering bankruptcy notice .. £ s. IV.004 Attending to file. . . . . the coats of work done under such em ployment shall. . . Where the Court allows Costs to the Debtor on a Bankruptcy Notice being set aside. COSTS.. The debtor's personal expenses for travelling and loss of time shall be allowed according to the scale for witnesses. costs may be allowed in addition for necessary matters.068 Letters. messengers. . . in the absence of any special agree ment with the official receiver. 1. . &c. or of procuring viva voce evidence. per folio . . Attending Court on application : If heard 1 I 0 If adjourned 0 10 6 • Drawing order and copy. (in discretion of taxing officer).050 .. Instructions to apply to set aside bankruptcy notice . shall be allowed in the discretion of the taxing officer. . 2. . . VI. . . . . . . be subject to taxation under Scale No. . 0 15 0 With an additional allowance where costs exceed £10 of 5 per cent.068 Drawing same. . V.050 Instructions for affidavit of counter-claim . shall be allowed in the case of a debtor's petition or unopposed creditor's petition unless in the latter case the taxing officer considers that for special reasons additional items may be allowed. —Taxation op Petitioner's Costs. . Where the petition is opposed.068 Costs of further affidavits. —Debtor's Solicitor's Costs. No charges. going scale. . per folio . not provided for under the preceding scales or under Scale No. . including where necessary usual charges for brief and fees to counsel. and attending to pass . . on the amount of the bill. . Where the Court allows Costs to the Debtor on Dismissal of Petition. Drawing bill of costs and copy. according to the nature of the proceeding. . . . and of other incidental charges properly incurred. . . Attending debtor served with copy of petition and taking instructions to show cause 0 6 8 Drawing notice to show cause . . or with the scales of costs in the Supreme Court. d. . . VI. and notice of and attend ance at taxation :— On debtor's petition . . . . such allowances shall be made in conformity with that scale as nearly as may be. except those included under the preceding scales.

. . . and attending to pass . . . the charges for which and for summoning witnesses shall be in the discretion of the taxing officer according to the cir cumstances. . SCALE UF SOLICITORS' COSTS.008 Special attendances shall be allowed to examine wit nesses as to the facts they can prove.. . . . . . The debtor's personal expenses for travelling and loss of time shall be allowed according to the scale for witnesses. . 0 2 C Perusing and considering petition . messengers. Attending Court on petition :— If heard 110 If adjourned . and where it is necessary to instruct counsel the usual charges for brief and counsel's fees shall be allowed. (in discretion of taxing officer). . . d. . .0 2 0 Attending filing . . . . 0 10 6 Drawing order and copy.026 Service on creditor's solicitor . . . 0 (i 8 Letters.0(58 Service on creditor. including postage . Two fair copies for service . . . COSTS. . &c. . . 275 £ I. .

.. . For statement of facts.. .. special case. For special affidavits .. and to other allowances (if any) for attendances on witnesses and procuring evidence. unless otherwise sanctioned.068 Attending counsel .. .... or motion. Judge. For case for opinion of counsel For brief on hearing. 299 is no doubt meant. per mile on such further distance. having regard to all the circumstances of the case.026 Payment to witness (see scale below). VI. Service by post. . For motion on appeal . .. See scale issued July 29. Instructions. or other process.. For proposal for scheme of arrangement or composition ... . 1. Service of petition. 4..... or determination of any petition. —Miscellaneous and General Costs.. .014 3.. . . according to circumstances. . d.. . in the discretion of the taxing officer. Warrant.. . .... the service shall be by agent.. * R... For such brief and for brief on hearing on an appeal. ... Is. or a sum.. If the distance be more than two miles.. . Attendance in Court . such fee as the taxing officer may allow. .. ... including postage . .. order. issue of fact.276 APPENDIX. or search warrant .. ..... For application for directions . 2. other than an inter locutory motion before the Court or a Judge or a registrar of the High Court . .. /Service.070 And if more than four folios..—Auth. notice.. For any proceeding or application not otherwise provided for . For application for substituted service .. or registrar . for each folio beyond four .... .068 Notice to witnesses. Warrants. £ s.. . Special service under an order (in discretion of taxing officer). each . For brief on hearing any interlocutory motion (or such further sum as the taxing officer may allow) For brief or any other proceeding not otherwise provided for. such fee may be allowed as the taxing officer shall think fit. .. Costs of the Day on Adjournment where no fixed amount is named in the Order.... To appear on hearing of a matter under Rule * . . .. or special case for the opinion of the Court. .. COSTS. when witnesses are to be examined or cross-examined. trial... warrant of seizure.. 1886. . . 0 13 4 Drawing order and passing ... For record for trial For motion . .... each service .. In cases of great distance.

if special . . . including addressing and despatching. warrant of seizure.010 Proposal for scheme of arrangement or composition. each.. . . £ ». common .050 Ditto ditto if common . . . . and exhibits by|the solicitor of the party against whom the same can be read.068 Long and special attendances . per folio 010 Application for an appointment before a Judge or registrar. . At meetings of creditors (other than first meetings) or of committees of inspection when duly authorised and neces sary. . .010 Other orders. . . special . .050 Ditto. . . . . . . warrant of seizure. . each . . . and there shall be allowed for each copy addressed and despatched in addition to printer's charges . . . .068 To file affidavits 068 Oeneral attendances. . 0 10 0 8. Telegrams. . 0 13 4 At Court on application for warrant. . . . .. .Fper folio 0 0 4 (110 Of documents (by London agent) on an appeal .050 K. . . . . 277 5. . per folio . . .050 Briefs and cases for opinion of counsel. . . 0 13 4 (or more. . d. or to transfer petition from one district to another 0 13 4 On application for directions . in the discretion of the taxing officer). . . .006 Preparing and attending to despatch necessary telegrams . per hour .010 6.036 Circular letters. .. • • . Writing letters. . . . V .B. . . or search warrant 0 13 4 Instructing officer as to execution of warrant.. . per folio . At Court on application to prosecute a petition in a particular district. SCALE OF SOLICITORS' COSTS. Attendances.010 If above 10 in number letters shall be printed. .036 For each copy thereof. COSTS. ..068 Or. if exceeding5 20 folios.. Letters..004 7. . where necessary.004 Of other documents where necessary. . . Drawing Documents. and copy . .. . per folio . . . etc. . . • j to Of affidavits. . Commission or order for examination of witnesses abroad. per folio . or search warrant . original letter. .. per folio . . . Of notice of motion by the solicitor of the party on whom the same is served . . not exceeding 10 . . . Perusals. depositions.

2. or between solicitor and client. and notices shall not be allowed when the same solicitor is for both parties. either between party and party. 1. every figure com prised in a column or authorised to be used being counted as one word. A folio is to comprise seventy-two words. In respect of business connected with sales. 7. The fees allowed for drawing any affidavit or other document shall include any copy made for the use of the solicitor. VII. The fees allowed for perusals shall not apply where the same solicitor is for both parties. shall be allowed on the " Lower Scale in Appendix N. but they must not be written in the margin. Extra allowance for length of sittings. 3. provided that any such allowance shall have been ordered and certified by the Court at the time. which shall be properly incurred under the provisions of the Act or Rules. and not being otherwise contentious business. if his remuneration shall be under Schedule 1 of the existing Order. Dates shall be furnished to each item. —General Regulations. 13.278 APPENDIX. and separate papers are delivered. by insertion in separate columns. save as in this scale provided. 8. Where the same solicitor is employed for two or more persons having the same interest. and attending the deponent to be sworn. and if he is of opinion that any part of the costs occasioned thereby has been unnecessarily or improperly incurred. The fees allowed for delivery of documents. 4. 9. to the Rules of the Supreme Court. services. or all such charges will be disallowed. 5. or such payments shall be disallowed. the same shall be disallowed. shall include all attendances on the deponent. or other proceedings had by or for two or more such persons separately. 1883. 14. Vouchers shall be produced on taxation for all payments. 12. to settle and read over. the solicitor's remunera tion shall (in the absence of any agreement to the contrary) be regulated by the General Order under the Solicitors' Remuneration Act. All costs. 6. All Court fees and other proper disbursements shall be allowed in addition to the remuneration in this scale provided. in cases of sales of mortgaged properties. The allowances for instructions and drawing an affidavit in answer to interrogatories and other special affidavits. whether such separate papers or other proceedings were necessary or proper . No instructions for an affidavit shall be allowed when the solicitor or his clerk makes the affidavit. and in respect of other business not being business transacted in Court or in chambers. leases. 10. and other matters of conveyancing. unless it be necessary for the purpose of making an affidavit of service. and such percentage shall be payable only out of the proceeds of sale. a charge by the solicitor for . the trustees' solicitor. or for counsel to settle. for the time being in force . or other increased allow ances not inconsistent with this scale. purchases. Bills of costs shall be written lengthwise on one side only. In special cases where counsel are not instructed to appear in Court and the solicitor acts as advocate. shall only be entitled to percentage upon so much of the proceeds of sale as shall not be chargeable by the mortgagees' solicitor with the percentage. the taxing officer shall consider in the taxation of such solicitor's bill of costs. 1881. provided that. mortgages. which shall be left clear for taxation. may be allowed. dis tinguishing. costs out of pocket from charges for work done and time expended. agent. 11.

17. and he may if he shall think fit receive further evidence in respect thereof. 18. In the County Courts such allowances shall be in accordance with the scale for the time being in force in the County Courts. SCALE OF SOLICITOBS' COSTS. the interest of the parties. and no further evidence shall be received upon the hearing thereof unless the Judge shall otherwise direct. Any person who may be dissatisfied with the allowance or dis allowance by the taxing officer in any bill of costs taxed by him of the whole or any part of any items. and if so required by the solicitor or any person interested he shall state either in his certificate of taxation or allocatur or by reference to such objection the grounds and reasons of his decision thereon and any special facts or circum stances relating thereto. The allowances to witnesses in Bankruptcy proceedings in the High Court shall be in accordance with those for the time being ordinarily made in other proceedings in the said Court. 16. the general con duct and costs of the proceedings. or part of an item. 20. in a short and concise form. if any. Any person who may be dissatisfied with the certificate or allocatur of the taxing officer as to any item or part of an item which may have been objected to as aforesaid. 19. unless otherwise provided. carry in before the taxing officer an objection in writing to such allowance or disallowance. the amount involved. who in the exercise of such discretion is to take into consideration other fees and allowances to the solicitor and counsel. apply to the Judge for an order to review the taxation as to the same item. but the certificate or allocatur of the taxing officer shall. Upon such application the taxing officer shall reconsider and review his taxation upon such objection. 15. Such application shall be heard and determined by the Judge upon the evidence which shall have been brought in before the taxing officer. and all other circumstances. subject to the pro visions of the Bankruptcy Rules for the time being relating to the review of taxations at the instance of the Board of Trade where the taxation has been made by a registrar of a County Court. the same are. and in addition such special fee as the taxing officer may think fit. to be allowed at the discretion of the taxing officer. As to all fees or allowances which are discretionary. in respect of the work to which any such allowance applies. the estate or persons to bear the costs. may at any time before the certificate or allocatur is signed. allowed. U 2 . and may there upon apply to the taxing officer to review the taxation in respect of the same. be final and conclusive as to all matters which shall not have been objected to in manner aforesaid. specifying therein by a list. the items or parts thereof objected to. the nature and importance of the matter. may within fourteen days from the date of the certificate or allocatur or such other time as the Court or Judge or taxing officer at the time he signs his certificate or allocatur may allow. and the grounds and reasons for such objection. and the Judge may thereupon make such order. having regard to the nature and importance of the case and the questions involved. as the Judge may think just . 279 the preparation of minutes of fact or evidence for his own use may be COSTS.

£ s. Auctioneer's Charges. On the first £100 10 0 0 per cent. The following charges to the end shall be subject to reduction by agreement with the official receiver or the trustee.000 1 0 0 No higher allowance to be sanctioned with out the leave of the Board of Trade. Broker's Allowances.j ^0 fications in discretion of taxing officer . and one copy . On the next £1. but shall not exceed the actual expense of travelling. including all expenses except newspaper adver tisements. &c.000 1 5 0 Above £5.000 1 0 0 „ Above £10. but when beyond five miles the amount shall be in the discretion of the taxing officer. On the first £100 2 10 0 per cent. if the distance exceeds one mile. For inventory. for determining amount of reserve bids :— £ s.016 For every half-hour or fraction of half-hour necessarily occupied in going to and from the premises where the inventory has to be made.600 2 10 0 „ Above up to £5. half the above charges for inventory and valuation. leasehold. .. if situate more than one mile from the broker's office 0 2 fi For inventory and valuation of chattel property :— £ s.000 4 0 0 Above £1. which require in each case to be authorised at the time by the official receiver or the trustee :— Of chattel property not exceeding :— £ s. Costs of surveys. 2.000 2 10 0 „ Of estates. . . or to increase with the sanction of the committee of inspection and the official receiver. of chattel property and one copy (not exceeding 5 folios) . dilapidations. On the next £400 5 0 0 Above up to £1. d. d.280 APPENDIX. d. including prior valuations. On the next £400 1 5 0 „ Above up to £10.000 0 10 0 „ In addition. 1. 0 10 (i For every additional folio beyond five. —Scale of Allowances to Brokers and Accountants. For sales by private contract based on the valuation. d. For sales by auction. . freehold. the broker shall be entitled to railway fare or cab hire actually paid. .)g q q . and speci. VIII. only. &c. On the first £300 5 0 0 per cent. COSTS.

per day of < to seven hours. COSTS Where the employment of an accountant has been duly sanctioned.< to I 1 11 ( 0 7 Other clerk's time. . d. &c. ( 0 10 Chief Clerk's time . the following charges may be allowed :— £ ». . C 110 principal's time. except the forms used. ( 5 6 0 Or such other sum as the Court may under special circum stances order. investigating accounts. Accountant's Charges. . . exclusively so employed. For preparing balance sheet. SCALE OF SOLICITORS' COSTS. including necessary affidavit . per day of seven hours . 281 3.{ to ( 0 16 These charges shall include stationery. and in the absence of any special arrangement with the official receiver or the trustee for a smaller amount.

1891.High Chancellor of Great Britain. d. Table A. and by any officer paid wholly or partly out of public money attached to any such Court or to the Board of Trade.016 And in addition thereto for each exhibit therein referred to and required to be marked 0 10 On every proof of debt above £2 (other than proof for work men's wages under Rule 220) . Do. for each person making the same . . 1890. or attestation. prescribe that the fees and per- centages in the scale hereto annexed shall. . Every declaration by a debtor of inability to pay his debts . . £ s. . ORDER AS TO FEES AND PERCENTAGES. in nie by the Bankruptcy Act. BANKRUPTCY ACTS. (Signed) Halsbury.0 1 0 For registrar of County Court certifying lists of proofs in each bankruptcy under Rule 225a 0 2 0 Every petition under section 125 of the Act of 1883 . by virtue of the powers vested AG-ES. 1883. except for proof of debts and except declaration by a shorthand writer under Rule 67 (Form 38). . other than proof of debts . . upon honour in lieu of an affidavit or a declaration. Lord PERCENT. .050 Every bankruptcy petition 5 0 0 Note. 0 5 0 Every bankruptcy notice . Every bond with sureties 0 10 0 Every affidavit filed.. . . SCALE OF FEES AND PERCENTAGES. C.5 0 0 . from and after the 1st day of January. be the fees and percentages to be charged for or in respect of proceedings under the said Act and the Bankruptcy Act. and in the Board of Trade and any office connected therewith. and shall be taken in any Court having jurisdiction in Bank ruptcy and in any office connected with any such Court. .020 Every subpoena or summons under section 27 of the Act of 1883 0 1 0 For taking an affidavit or an affirmation. . —-Where on a debtor's petition the official re ceiver gives a certificate that there is reasonable ground for believing that the assets are sufficient to meet the expenses of administration this fee shall not be charged. . . 1890. . . Bated the 18th day of December. FEES AND I> *he ^ght Honourable Hardinge Stanley Baron Halsbury. 1883 AND 1890.

2 0 0 Every application by a trustee to an official receiver acting as committee of inspection under rule 337 :— Where the assets are certified by the official receiver as not likely to realise more than £500 .00 PE^ifiNT" Every application for an order of discharge.000. or where a fee has been paid under this table on the cash book submitted for audit.. viz. Provided that where a fee has been taken on a pre vious application to the Court to approve a com position or scheme. viz.026 Every application to the Court to approve a composition... on every £100 or fraction of £100 beyond £5... charges. . . on every £100 or fraction of £100 beyond £5.00 d. 0 10 0 Every application under section 162 of the Act of 1883 to the Board of Trade for payment of money out of the Bankruptcy Estates Account ... a fee according to the following scale on the gross amount of the assets realised and brought to credit..000. Provided that. forwarded by the official receiver or trustee to the Board of Trade.. showing assets realised. and 10s. .. other than by petitioner.. up to £5. ... 0 1 0 Every application for search. OBDEE AS TO .000. trustee.... 0 1 0 Every application to an official receiver to appoint a special manager or to carry on the business of a debtor 0 6 0 Every application by a committee of inspection to the Board of Trade for a local banking account ... Where the amount allowed shall not exceed £4 . £1 on every £100 or fraction of £100. including ex pense of gazetting 1 10 0 And for each creditor to be notified .. : £1 on every £100 or fraction of £100 up to £5.000... and every application for the re-issue of a lapsed cheque or money order in respect of moneys standing to the credit of the Bankruptcy Estates Account . .. or any officer of the Court 0 1 0 Every application to the Court except by the official re ceiver when acting either as official receiver or trustee 0 5 0 Every office copy. bankrupt.. 0 2 0 Where the amount exceeds £4 for every £2 allowed or a fraction thereof . . £1 on every £100 or fraction of £100 up to £5..FEES AND PEECENTAGES.000. on every £100 or fraction of £100 beyond £5. and 10s. Every application to the Court to approve a scheme of arrangement. 0 5 0 Where the assets are likely to exceed £500 .... or disbursements... . 1 0 0 Every order of the Board of Trade for a local banking account . 6 0 0 (or such less sum as the Court may specially order) Every allocatur by the taxing officer of the Court for any costs. seven-eighths of the amount thereof shall be deducted from the fee payable on an application to approve a composition or scheme. and 10s. where a fee has been taken on an application to . 283 FEES AND Every receiving order under section 103 of the Act of 1883 £65 s. a fee computed at the following rates on the gross amount of the composition. . . 0 0 4 On every record of trial . On one copy of the cash book. ..000. . a fee computed at the following rates on the gross amount of the estimated assets (but not exceeding the gross amount of the unsecured liabilities). viz. .. each folio of 72 words .. .

. . For every receiving order made on a debtor's petition. .500 . after deducting any sums paid to secured creditors in respect of their securities. AGES. 0 10 0 . On the first £1. 1 10 0 On the next £5. and not being moneys received and spent in carrying on the business of a debtor. receiver. .. 2 0 0 On the next £2. PEES AND approve a composition or scheme of arrangement. . or orders of ad ministration of the property of a deceased insolvent.. where the order is in force for a longer period than fourteen days for every seven days. 6d. On the next £1.3 0 0 „ On the next £5.500 „ „ . . .100 „ On all further sums . . ..000 . . when acting as trustee under adjudications. on every £100 or fraction of £100 of assets realised and brought to credit. . . or trustee.5 0 0' For every order of administration made on transfer of pro ceedings under section 126 (4) of the Act of 1883 and section 21 (2) of the Act of 1890 5 0 0 On the net assets realised or brought to credit by the official receiver. . On the first £500 or fraction thereof .4 0 0 „ On the next £2.500 „ . . „ . d. Qn every application for release by trustees in non-summary cases a fee of 2s.5 0 0 per cent..the amount thereof shall be deducted from this fee. . after . 0 10 0 £ For the official receiver acting as interim receiver of the property of a debtor in addition to the percentage charge able on realisations. .200 On all further sums . .. .284 APPENDIX. On the next £500 „ „ .. 2 10 0 per cent. a percentage according to the following scale :— £ s.10 0 . .. cL the fee on the petition has been dispensed with in pur suance of the official receiver's certificate as to sufficiency of assets . .000 „ .000 „ „ 10 0 On all further sums . Table B. . 1 10 0 On the next £1. . d. On the first £1. whether acting as interim receiver. seven-eighths of PERCENT. after de ducting any sums paid to secured creditors in respect of their securities and not being assets realised by a special manager. or moneys received and spent in carrying on the business of the debtor and on the net assets realised by an official receiver when acting as trustee to administer a debtor's property under a composition or scheme. . schemes. where £ s. . On the next £1. a percentage according to the following scale :— £ s.2 0 0 per cent. on every order .. On the amount distributed in dividend by the official receiver. .000 or fraction thereof ...500 „ „ .. On the amount distributed to creditors by the official receiver when acting as trustee under a composition :— £ s.000 or fraction thereof . . d...300 And in addition.

. or fraction of ten 0 2 0 For every ten creditors or fraction of ten where the estimated assets exceed £100 . on each divi dend paid out . OEDEB AS TO FEES AND PEECENTAGES. each notice .040 High bailiff for attending Court in non-summary cases.000 4 If to exceed £20. . Where the money consists of undistributed funds or balances. . — For official stationery.. . FEES AND the first fourteen. Table C. the amount disbursed . • each estate :— For every ten applications to debtors to an estate. for each creditor to whom notice has been given of such meeting.05 0 On every payment under section 162 of the Act of 1883 of money out of the Bankruptcy Estates Account threepence on each pound or fraction of a pound to be charged as follows :— Where the money consists of unclaimed dividends..000 but not to exceed £10. . 0 10 0 Where the estimated assets do not exceed £100 :— For every ten creditors or fraction of ten up to twenty 0 10 0 For every ten creditors or fraction of ten above twenty .000 2 „ If to exceed £5. 285 £ s. 0 1 0 Where the estimated value of the assets does not exceed £100 :— On the first twenty notices.. 0 0 6 For the official receiver supervising a special manager or the carrying on of a debtor's business. keeping possession. .. on the amount paid out.. a fee according to the following scale :— If the gross assets are estimated by the official receiver not to exceed £500 £1 per week. per case .000 Room for meeting or adjourned meeting of creditors £ summoned by official receiver.