85. [Sects. 16 & 80, par. 8.] The instrument appointing a proxy shall be in writing under the hand of the creditor, or if such creditor 98. An affidavit by a trustee, or an officer of the Court, or by any is a corporation or company under the hand of an agent stating that clerk of either, that letters have been put into a post office, shall be he is duly authorized on its behalf; and such instrument shall be ac-sufficient evidence of such notices having been duly sent to the persons cording to the form in the schedule, and shall, unless it is expressly to whom the same purport to have been addressed.

stated otherwise therein, be deemed and allowed as an authority to the 99. A secured creditor, unless he shall have realized his security, appointee of the creditor to vote for him and on his behalf at all meet-shall, previously to being allowed to prove or vote, state in his proof ings of creditors in the matter, or adjournments thereof, and generally the particulars of his security and the value at which he assesses the to act for the creditor in all other matters under the Act, of whatsoever same, and he shall be deemed to be a creditor only in respect of the kind, as fully as the creditor himself could act. balance due to him after deducting such assessed value of the security.

87. [Sect. 110.] If the petitioning creditor or any other creditor same upon payment of such assessed value. desire that the first meeting of creditors should be held at any other town than the town where the Court usually holds its sittings, appli-event of the security realizing a less sum than the value at which he 101. The proof of any such creditor shall not be increased in the cation, supported by affidavit showing grounds for the application, has so assessed the same. must be mado at the hearing of the petition. If such application be by any other person than the petitioning creditor, two days' notice thereof must be given to the petitioning creditor, and if the Court be reasonably satisfied that the circumstances of the estate and of the creditors require that the application should be granted the same shall be granted accordingly.

88. With every such application for a meeting to be held elsewhere than in the London Court of Bankruptcy, or in the town in which the 103. After adjudication, and before the appointment of a trustee by County Court holds its sittings, there shall be deposited in the office of the creditors, the Registrar in his capacity of trustee may, on the the Registrar the sum of three pounds to defray the reasonable ex-application of the petitioning creditor, sell or otherwise dispose of any penses of the Registrar and of his clerk in attending such meeting, property of the bankrupt which shall be of a perishable nature.

118. The trustee shall, within seven days of his allowing or dis-transmitted to a creditor by registered post letter, enclosing a cheque or allowing a proof, file such proof with the Registrar with a memorandum thereon of his allowance or disallowance thereof.

trustee a notice according to the form in the schedule, and the Court may, if it shall see fit, make an order upon such application for the payment of the dividend without requiring the attendance of the creditor thereat.

Court may, if it shall think fit, direct a separate deposit to be made as to every such respondent.

147. All appeals shall be brought on by motion, and no new evidencə shall be received on any appeal unless the Court of Appeal shall so direct; but any of the parties shall be at liberty to bring before the Court of Appeal, by affidavit, the circumstances under which the decision or order appealed from was made.

148. Every affidavit intended to be us d upon the hearing of any appeal shall be filed with the Registrar of Appeals, and a copy thereof sent by the appellant to the respondent four clear days before the day appointed for hearing.

136. [Sect. 40.] A creditor who is desirous of giving credit for the value of his security in order to entitle him to a dividend in respect of the balance of his debt after deducting the assessed value, shall give notice thereof to the trustee, and the value of his security shall be determined in the same manner as the value of the security is to be determined, as prescribed with reference to the balance upon which a secured creditor may vote, and such creditor shall give credit for the value within fourteen days after he shall be called upon by the trustee so to do, unless he shall be out of England, and then within such reasonable time as the trustee may fix, having regard to the means of commu-ings in the matter under appeal. nication between England and the place where the creditor may be, and in default thereof shall be deemed to be fully secured. If the trustee or any other creditor shall be dissatisfied with the value put on the security, the trustee may require the security to be realized.

137. [Sect. 45.] Where the produce of the estate of a bankrupt is sufficient to pay twenty shillings in the pound and interest as hereinafter mentioned, and to leave a surplus, such surplus shall be paid by the trustee to such bankrupt, his executors, administrators, or assigns; and every such bankrupt shall be entitled to recover the remainder, if any, of the debts due to him; but such surplus shall not be paid until all the creditors who have proved shall have received interest upon their debts, to be calculated and paid at the rate, and in the order following: viz., all creditors whose debts are by law entitled to carry interest, in the event of a surplus, shall first receive interest on such debts at the rate of interest reserved, or by law payable or proveable thereon, to be calculated from the date of the order of adjudication; and after such interest shall have been paid, all other creditors who have proved shall receive interest on their debts from such date, at the rate of four pounds per centum per annum.

Order of Discharge.

138. [Sect. 48.] A bankrupt intending to apply for an order of discharge, shall file an application with the Registrar, who shall thereupon fix the time and place at which the application will be heard. Notice of the time and place fixed for the hearing of the application of the order of discharge shall be gazetted, and also given to the trustee by the bankrupt, twenty-one days before such day.

139. An order of discharge shall be dated of the day on which it is made, and shall take effect on and from the day of its date, and shall be gazetted.

140. [Sect. 19.] An order of discharge shall not be granted until after the public examination of the bankrupt under section 19 of the

Act.

141. An order of discharge shall not be delivered out until after the expiration of the time allowed for appeal, or if an appeal be entered, until after the decision of the Court of Appeal thereon.

142. A bankrupt desirous of obtaining the assent of his creditors to his applying to the Court for an order of discharge during the continuance of his bankruptcy, shall request the trustee to summon a meeting of his creditors, and thereupon the trustee, upon the deposit of a sufficient sum for costs, shall summon such meeting; where at the meeting the creditors do not so assent, no other meeting shall be called for the same purpose until after the lapse of three calendar months.

Appeal.

143. [Sects. 71 & 72.] An appeal against a decision or order of the Chief Judge in bankruptcy, or a Judge of a County Court, shall be entered with the Registrar of Appeals within and not later than twentyone days from the said decision or order, by leaving with him a copy of the appeal notice of motion.

144. Upon entering an appeal, a copy of the appeal notice shall be sent forthwith by the appellant, to the Registrar of the Court appealed | from, who shall forthwith file the same with the proceedings, and a similar not ce shall be delivered by the appellant to each respondent four days before the day on which he intends to move.

145. At or before the time of entering an appeal the party intending to appeal shall deposit with the Registrar of Appeals such sum, not being less than ten pounds and not exceeding forty pounds, as the Court appealed from shall direct, to satisfy so far as the same may extend, any costs that the appellant may be ordered to pay, and in the absence of any such direction, the sum deposited shall be twenty pounds. 146. Where there are several respondents in separate interests the

149. The Registrar of the Court appealed from shall, upon the application of the Registrar of Appeals, transmit to him the file of proceed

150. The office for entering bankruptcy appeals to be heard by the Court of Appeal in Chancery shall be closed during the ordinary vacations of the Court of Chancery, and the time during which such office shall be closed shall not be reckoned in the number of days ordered for the entering of appeals to be heard by such Court of Appeal in Chancery. Affidavits.

151. All affidavits to be used in evidence on motions to the Court shall be divided into short paragraphs, numbered consecutively, and shall be in the first person. 152. Every such affidavit shall state the deponent's name, address, and description, and also what facts or circumstances deposed to are within his knowledge. 153. Where any such affidavit is made by more than one person, the names of all the persons making the affidavit, and the dates when and the places where it is sworn, shall be inserted in the jurat.

154. Any such affidavit not in conformity with the last three preceding rules may be rejected by the Court.

155. An affidavit in which there is any erasure, or which is blotted so as to obliterate any word, or which is illegibly written, or so altered as to cause it to be illegible, or in which there is any interlineation, not duly authenticated by the person before whom it was sworn, may be rejected by the Court.

156. Where an affidavit is made by any person who is blind, or who from his signature or otherwise appears to be illiterate, the person before whom the affidavit is sworn shall state in the jurat that the affidavit was read over to the deponent, and that the deponent appeared to understand the same, and made his mark or wrote his signature thereto in the presence of the person before whom the affidavit is

sworn.

157. Any affidavit used in any matter of bankruptcy may be sworn as follows:—

(1.) In the United Kingdom, before a Court having jurisdiction in bankruptcy or a judge thereof or an officer thereof authorized to administer oiths in that Court, or before a person authorized to administer oaths in any of the superior courts of law or equity, or before a justice of the peace for the county or place where it is sworn or made, and in case of proof of debts, before the trustee of the property of the bankrupt.

(2.) In any place in the British dominions out of the United Kingdom, before any Court, judge, or justice of the peace, or any person authorized to administer oaths there in any Court.

(3.) In any place out of the British dominions, before a British minister, consul, vice-consul, or notary public, or before a judge or magistrate, his signature being authenticated by the official seal of the Court to which such judge or magistrate is attached.

Security.

158. Where a person is required to give security, such security shall be in the form of a bond with one or more surety or sureties to the person proposed to be secured.

159. The bond of any person other than a trustee shall be taken in a penal sum to the amount of double the sum in question up to the sum of 1000l.; and where the sum in question exceeds 10007, in the sum of 10007. beyond such sum, unless, in either case, the opposite party consents to it being taken for a less sum.

160. Where a person is required to give security, he may, in lieu thereof, deposit with the Registrar 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 attorney or agent, setting forth the conditions on which the money is deposited.

161. The security of a Guarantee Association or Society may be given | Bailiff of any County Court, whether such County Court has jurisdiction in lieu of a bond or a deposit. in bankruptcy or not, as the Court may in each case direct.

162. In all cases where a person proposes to give a bond by way of security, he shall serve, by post or otherwise, on the opposite party and on the Registrar, at his office, notice of the proposed sureties according to the form set forth in the schedule, 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 then be made.

163. The sureties shall make an affidavit of their sufficiency according to the form in the schedule, unless the opposite party shall dispense with such affidavit, and such suretics shall attend the Court to be cross-examined, if required.

164. The bond shall be executed and attested in the presence of the Registrar, or before a justice of the peace, or an attorney.

165. Where a person makes a deposit of money in lieu of giving a bond, the Registrar shall forthwith give notice to the person to whom the security is to be given of such deposit having been made.

Witnesses.

166. [Sects. 65, 66, & 96.] A subpoena for the attendance of a witness capable of giving evidence concerning any matter in the Court, before or after adjudication, shall be issued by the Court at the instance of a trustee, a creditor, a debtor, or any respondent in any matter, with or without a clause requiring the production of books, deeds, papers, and writings in his possession or control, and in such subpoena the name of only one witness shall be inserted. A subpoena may be issued in blank as at common law.

167. A sealed copy of the subpoena shall be served personally on the witness by the person at whose instance the same is issued, or by his attorney, or by an officer of the Court, within a reasonable time before

the time of the return thereof.

168. Service of the subpoena shall, where required, be proved by affidavit.

177. [Sect. 86.] Where a bankrupt is arrested under a warrant issued under section 86 of the Act, he shall be safely kept by being lodged within the prison, to the keeper of which the warrant is, amongst others, addressed; and any books, papers, moneys, goods, and chattels in the possession of the bankrupt, which may be seized, shall be lodged with the trustee of the property of the bankrupt forthwith.

178. An application to the Court to commit any person for contempt of Court shall be supported by affidavit, and be filed in the Court in which the proceedings are.

179. Upon the filing of such application the Registrar shall fix a time and place for the Court to hear the application, and shall issue a notice to be served by an Officer or High Bailiff of the Court personally on the person sought to be committed three days at the least before the day of hearing the application, unless the Court shall, by order upon good cause shewn, direct service of the notice to be made in some other manner, in which case it shall be served together with a copy of the order in the manner so directed.

Setting aside Pay, &c.

the Act, the Registrar shall give to the trustee a sealed copy of the 180. [Sect. 89.] Where an order of Court is made under section 89 of order, who shall submit the same to the chief of the department under is enjoyed, for the purpose of his consent to the order being written which the pay, half-pay, salary, emolument, pension, or compensation thereon.

181. [Sect. 90.] Where a trustee intends to apply to the Court for an order for payment by a bankrupt of a portion of his salary or income under section 90 of the Act, he shall give notice to the bankrupt of his intention, of the time and place fixed for the hearing of his application, and that the bankrupt is at liberty to attend and shew cause against an order being made on the application.

182. [Sect. 90.] Where an order has been made for the payment by a 169. The Court may in any matter limit the number of witnesses to be bankrupt, or by his employer for the time being, of a portion of his inallowed on taxation of costs, and their allowance for attendance shall income or salary, the bankrupt may, upon his ceasing to receive a salary no case exceed the highest rate of the allowances mentioned in the scale 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.

in the schedule.

170. The costs of witnesses, whether they have been examined or not, may, in the discretion of the Court, be allowed.

Discovery of Bankrupt's Property.

171. [Sect. 96.] Every application to the Court under section 96 of the Bankruptcy Act, 1863, shall be in writing, and shall state shortly the grounds upon which the application is made, and where the application is not made on behalf of the trustee, the grounds upon which the application is made shall be verified by affidavit.

Enforcement of Debt against undischarged Bankrupt.

183. [Sect. 54, par. 2.] Where after the expiration of a period of three years from the close of a bankruptcy, in which the bankrupt has not obtained an order of discharge, an application is made to the Court for its sanction to the enforcement by a creditor of the payment of the balance remaining unpaid of a debt proved under the bankruptcy, the creditor shall file a statement, verified by affidavit, shewing the dividend paid under the bankruptcy, the balance remaining unpaid, and the prois the property of the bankrupt, and the Registrar shall thereupon appoint a time and place for the hearing of the application, and direct notice of the time and place appointed for the hearing, according to the form in the schedule, to be served by an officer or a bailiff of the Court, personally on the bankrupt, or at his usual or last known place of

Application for Discharge during three years after close of Bankruptcy.perty against which he seeks to enforce payment, and that such property 172. [Sect. 54.] Where a bankrupt who has not obtained his order of discharge shall, after the close of the bankruptcy, pay or tender to the several creditors who have proved their debts, a sum, which with the dividend paid previous to the close of the bankruptcy shall make up a dividend of not less than ten shillings in the pound, and shall desire to obtain an order of discharge, he shall file with the Registrar a state-residence or business. ment, verified by affidavit, of the sums so paid or tendered, and when 184. At the hearing of the application service of the notice on the and where paid, with the receipts of the creditors or their representatives for the sums respectively paid to them written on or attached thereto. 173. [Form 63.] The Registrar shall appoint a day for the hearing of the application for the order of discharge, and a notice thereof shall be gazetted twenty-one days before the day appointed, and a copy thereof shall be sent by the Registrar to each creditor who has proved or claimed a debt under the bankruptcy.

174. Where a creditor cannot be found or is dead, and no representative is known, the bankrupt may deposit the money payable to such creditor with the Registrar.

175. [Form 64. Sect. 18.] At the hearing of the application, an order of discharge may be granted, if the Court is satisfied that a sum equal to a dividend of ten shillings in the pound has been paid to all the creditors who proved their debts, unless, on a representation of creditors under section 48 of the Act, the Court thinks it just to suspend or withhold such order.

Arrests, Commitments.

176. [Sect. 99.] A warrant of seizure or a search warrant, or any other warrant issued under the provisions of the Act, shall be addressed to such officer of the London Court of Bankruptcy, or to such High

bankrupt shall be proved, unless he appears, and the Court if it think fit may refuse the application, or adjourn the hearing to some other day, and in such latter case shall direct the creditor to cause a notice to be gazetted and inserted in one local paper, seven days before the day to which the hearing is adjourned, according to the form in the schedule.

185. At the adjourned hearing the creditor shall produce a copy of the Gazette and of the paper in which the notice was published, and the Court may then hear all persons claiming to be creditors of the debtor before or since the close of the bankruptcy, and make such order in the matter as it thinks fit, or adjourn the hearing for further

evidence.

Costs.

186. The Court may in all matters before it award such costs as to it shall seem fit and just; and all costs so awarded by the London Bankruptcy Court shall be recoverable in the same manner as costs awarded by a rule of any of the Superior Courts of Common Law at Westminster may be recovered, and all costs so awarded by a County Court shall be taxed and recoverable in the same manner as costs ordered to be paid in any such Court in any action or suit.

187. Every order for payment of money and costs, or either of them, shall be sealed with the seal of the Court, and be signed by a Registrar, and shall be forthwith filed with the proceedings.

188. All costs shall be in the discretion of the Court, and shall be paid by such persons as the Court shall order, and every such order for payment of costs may be enforced by execution.

189. The costs directed by any such order to be paid shall be taxed on production of an office copy of such order, and the allocatur being duly stamped shall be signed and dated by the Master or Registrar taxing the costs.

Trial by Jury.

190. [Sect. 72.] Where upon any application to the Court for its decision on any question, the Court, either on its own motion or on the application of any person, shall have directed that a question of fact be tried by a jury, such question of fact shall be reduced into writing and submitted to the judge for his approval, and shall, when approved, be signed by the judge and filed, and shall be called the Record for Trial; but the Court shall have power to allow any amendment thereof at any time upon such terms as it may think fit.

191. Upon filing the record with the Registrar within three days after the above approval has been given, the Registrar shall fix the time and place at which the trial shall be had.

think fit.

jurors shall be called and sworn by him. The witnesses shall be called and sworn by the Usher of the Court.

201. Upon every such trial in the London Bankruptcy Court the addresses to the jury or to the Court, as the case may be, shall be regulated as follows:-The party who begins, or his counsel or attorney, shall be allowed, in the event of his opponent not announcing at the close of the case of the party who begins, his intention to adduce evidence, to address the jury a second time at the close of such case, for the purpose of summing up the evidence; and the party on the other side, or his counsel, shall be allowed to open the case, and also to sum up the evidence (if any); and the right to reply shall be the same as at present in force in the Superior Courts of Common Law at Westminster on trials at Nisi Prius.

202. Where the jury retire from the Court to consider their verdict, they shall be taken charge of by an officer of the Court; but previously thereto the Registrar of the Court shall swear such officer according to the form in the schedule.

203. The verdict or finding of the jury, as the case may be, shall be endorsed by the Registrar on the Record for Trial, and with the jury panel and the names of the jurors, who were sworn, endorsed

thereon.

Sittings of a County Court.

204. The place of sitting of each County Court in matters of bankruptcy shall be the town in which the Court now holds or may hereafter hold its sittings for the common law business of the Court, under the

192. An order of the London Court of Bankruptcy for the trial of a question of fact before a jury shall state whether it shall be before a special or a common jury, but the order may be amended by the sub-provisions of the County Courts Act, 1816. stitution of one jury for the other, upon such terms as the Court may 193. Where such trial is to take place by a common jury before the London Court of Bankruptcy, the person aforesaid shall, fourteen days at least before the day fixed for such trial, apply to the Court for an order for the Sheriff to summon a common jury for such trial, which order shall be according to the form in the schedule, and shall be served upon the Sheriff by the applicant seven days before the trial.

205. 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 the Court, unless the judge of any such Court shall otherwise order, and shall appoint a special day or days for a sitting of the Court in matters of bankruptcy.

194. Where the London Bankruptcy Court has ordered the trial to be before a special jury, the person aforesaid shall, fourteen days at least before the day fixed for the trial, apply to the Court for an order for the Sheriff to summon a special jury, which order shall be according to the form in the schedule, and shall be served on the Sheriff and on the opposite party by the said person seven days before the trial.

195. Where an order has been made by the London Bankruptcy Court for a special jury the Sheriff shall, in addition to the special jury, summon twelve common jurymen for such trial, in order that in the event of a sufficient number of special jurors not being in attendance to make a jury, a tales may be directed by the Court.

196. The order shall be returned by the Sheriff to the person who shall have served the same, together with his return and the jury panel, and such order and jury panel shall, two days at least before the day of trial, be filed with the Registrar.

197. The sum to be deposited in the hands of the Under-Sheriff shall be 51. in case of a common jury, and 161. in case of a special jury; and if such sum shall be more than sufficient to pay the expenses of the jury, the surplus shall forthwith be returned to the person at whose instance the jury has been summoned; and if such sum shall not be sufficient to pay such expenses, the deficiency shall forthwith be paid by such person to the Under-Sheriff. And the Under-Sheriff shall pay and account for the money so deposited according to the scale following, that is to say:

401

8. d. 050 0

0 26

050

198. The mode and practice of proceeding in the London Bankruptcy Court to nominate and reduce a special jury, shall be the same in all respects as are now or for the time being shall be in force in the Superior Courts of Common Law at Westminster, when a special jury is ordered to be struck, or as near thereto as the practice of that Court will admit.

199. Where there is not a sufficient number of special jurymen in attendance to make such jury, the same shall be made up from the common jurymen in attendance unless the Court shall otherwise direct. 200. The Registrar of Appeals shall attend on a trial by jury, and the

Stamps.

206. [Sect. 68.] Every officer of the Court who shall receive any document to which an adhesive stamp shall be affixed, shall immediately upon the receipt of such document deface the stamp thereon, by writing partly on the stamp and partly on the document the name of the debtor; and no such document shall be filed or delivered until the stamp thereon shall have been defaced 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.

Examination of Bankrupt or Witness.

207. [Sect. 19.] If the Court shall in any case be of opinion that it would be desirable that a person should be appointed to take down the evidence of the bankrupt, 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 an appointment; and every person so appointed shall be paid a sum not exceeding one guinea per day, and where the Court appoints a shorthand writer a sum not exceeding eightpence per folio of ninety words of 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.

Amendments.

208. In any proceeding before the Court, the Court may allow any amendments which in the judgment of the Court or Registrar ought to be allowed on such terms as may be ordered,

Rules relating to the Business of the London Bankruptcy Court. 209. The Chief Judge, with the approval of the Lord Chancellor, shall regulate the sittings and.vacations of the London Bankruptcy Court.

210. During vacation or during the illness or during the absence from any reasonable cause of the Chief Judge, the Senior Registrar in attendance for the time being, has by virtue of these rules, delegated to him all the powers and duties of such Chief Judge, but such Registrar shall forthwith give notice of his so acting to the Lord Chancellor.

211. Any Registrar of the London Bankruptcy Court may act for any other Registrar thereof in any matter pending in the said Court.

212. The Registrar acting for the Chief Registrar in matters of trust deeds, on or before the thirty-first day of December, 1869, shall be the Registrar of Appeals of the London Bankruptcy Court, and shall also attend the Court of Appeal in Chancery sitting in Bankruptcy.