The Registrar of a County Court shall, as Official Assignee, assist a Bankrupt in preparing the statement of his accounts by giving him access to his books and papers, and by furnishing him with all information necessary to enable him to comply in such statement with the requirements of the Court. (C. C. O. No. 9, B. A., 1861, sec. 142 and 143.)

(B. A.,

PART II.

(OFFICIAL ASSIGNEES.)

To assist Bankrupt in prepa

ring statement

of accounts, by giving him

access to his

books, &c.

Bankrupt's

accounts to be printed and sent week from the filing thereof to

by post within

each creditor who has proved Official Assigupon the state of Bankrupt's

nee to report

affairs.

An abstract of the Bankrupt's statement of An abstract of accounts shall be printed, and a printed copy of such abstract shall be sent by post, within a week from the filing thereof, by the Official a Assignee to each creditor who has proved. 1861, sec. 142, Appendix form Z a.) The Official Assignee shall prepare and file in Court, together with such statement, a report upon the state of the affairs of the Bankrupt, setting forth such facts and particulars as may be required by the Court, or as it shall in the opinion of such Assignee be important for the Court to be informed of. (B. A. 1861, sec. 143. Appendix form Z b.) The Official or Creditors' Assignee, as the case Official Assigmay be, shall examine all the statements of account nee to examine and compare the same with the books, accounts, of account, and and other documents of the Bankrupt, and shall make out list of from time to time, make out a list of the creditors have proved. who have proved their debts, stating the amount and nature of such debts, which list shall be open to the inspection of any creditor who has proved under the estate. (B. A. 1861, sec. 147.)

all statements

Creditors who

Official Assignee to audit accounts of Cre

accounts to Offi

cial Assignee

The Creditors' Assignee shall, at the end of three months from and after his appointment, and thenceforth at the expiration of every suc- ditors' Assignee ceeding three months, render to the Official As- who is to render signee a debtor and creditor account of all sums received and paid on account of the Bankrupt or his estate, verified on oath as a full, true, and faithful account of his receipts and payments as such Creditors' Assignee; and the vouchers for such account, and all books of account in his possession or power, together with his banker's pass

every three months.

PART II. (OFFICIAL ASSIGNEES.)

book, shall be produced by him to the Official Assignee, who shall examine the same; and if he shall be dissatisfied with such account, the same, or any part thereof, or any matter arising thereon, shall be enquired into and considered by the Registrar, in the presence of the Creditors' AsIf no Creditors' signee; and if no Creditors' Assignee be appointed, pointed, Official the Official Assignee shall in like manner render the account hereby required: provided that, in the case of County Court Registrars, their accounts, as Official Assignees, shall be in like manner to be examined rendered to, and examined, and passed by the and passed by Judges of their respective Courts. (B. A. 1861, sec. 129.)

Assignee ap

Assignee to

render accounts,

the Judge.

Accounts to be printed and circulated.

MESSENGERS.

Fees.

Forthwith after the passing of each such account of the Official Assignee a copy thereof, or a statement showing the nature and result of the transactions and accounts, shall be made out by the Official Assignee, and sent by him, in a printed form, through the general post, to every creditor who has proved under the Bankruptcy. (B. A. 1861, sec. 130; Appendix form Z n.)

(See part 4. Practice.)

The High Bailiffs of the several County Courts, exercising jurisdiction under this Act, shall discharge the duties of Messenger in all matters of Bankruptcy within their several districts, in such manner, and shall give such security in respect of such duties, and shall receive such remuneration in respect of such services, as General Orders shall direct. (B. A. 1861, sec. 11.)

The Fees appear in the Appendix (C C.)

The fees of High Bailiffs shall and may, until further order, be received and retained by every high bailiff as a remuneration in respect of his services in the discharge of his duties as a messenger, pursuant to section 11 of "The Bank

PART II.

Duties.

ruptcy Act." (New G. O., No. 3, Nov. 19, 1861.) (MESSENGERS.) After the appointment of an Official Assignee to act in any Bankruptcy, and before the choice of Assignees by the creditors, the messenger shall follow the instructions of the Official Assignee, subject to the directions and control of the Court, with respect to the taking possession of any part of the Bankrupt's estate or effects of which the messenger shall not have then already taken possession and the keeping possession of any part thereof of which he shall then already have taken or shall at any time thereafter take possession. (B. A. 1854, sec. 23.)

The Official Assignee, in performing the duties required by sec. 108 of "The Bankruptcy Act, 1861," shall act by the messenger of the Court, who shall in all respects, but subject to the directions of the Court in any particular case, observe the directions of the Official Assignee in taking and retaining possession of the Bankrupt's estate, and shall act as his deputy, and, after the appointment of the Creditors' Assignee, the messenger shall act under his instructions in keeping or discontinuing possession. (G. O. No. 12.)

Messenger to cial Assignee.

act under Offi

zure.

Messenger may

break open Bankrupt's

doors, &c., and

seize upon his bodyor property

It shall be lawful for any messenger of a Court Warrant of Seiand his assistants, acting under warrant of the Court, to break open any house, chamber, shop, warehouse, door, trunk, or chest, of any Bankrupt where such Bankrupt, or any of his property, shall be reputed to be, and to seize upon the body or property of such Bankrupt, and, if the Bankrupt be in prison or in custody, it shall be lawful for the messenger and his assistants to seize any property of the Bankrupt (his necessary wearing apparel and that of his wife and children only excepted) in the custody or possession of such Bankrupt, or of any other person, in any prison or place, where such Bankrupt is in custody. (B. L. C. A. 1849, sec. 109.)

It shall be the duty of the messenger to make an inventory of the Bankrupt's estate in cases where such inventory shall be deemed requisite by

D

Inventory.

PART II.

(MESSENGERS.) the Official Assignee. No broker shall be employed As to Valuation for the purpose. Where such inventory has not of Bankrupt's been made prior to the choice of creditors'

Property.

Notice

to Creditors.

Messenger to

and to serve all summonses, notices, &c.

assignee the inventory shall only be made upon an express direction in writing from the creditors' assignee. (G. O No. 16.)

No valuation of a Bankrupt's property shall be made, unless the Court shall so direct, and any valuation required by the creditors, shall be made in such manner, and upon such terms as general orders shall from time to time direct. (B. A. 1861, sec. 126, and Appendix E.E.)

Forthwith after the filing in Court of the statement of a person presenting a petition for adjudication of Bankruptcy against himself, in pursuance of sec. 93, of The Bankruptcy Act, 1861," the High Bailiff shall transmit, by post, a notice in the form set forth in the schedule to each creditor named in such statement, informing him of the fact of such petition having been presented. (C. C. O. No. 6, Form 27.)

It shall be the duty of the High Bailiff to attend attend Court, all meetings of the Court in matters of Bankruptcy, and to serve all summonses, notices, &c., to execute all warrants, and processes, to prepare and cause to be inserted in the Gazette and newspapers all notices of meetings to be holden in pursuance of this Act, and to do and perform all other things which are required to be done or performed by a messenger of the Court of Bankruptcy. (C. C. O. No. 11.)

Notice of Order under sec. 101, to be served on gaolers, and execution and

itors.

The notice of an order for a Registrar to attend at a gaol for the examination of prisoners in pursuance of section 101 of "The Bankruptcy Act, detaining cred- 1861," required to be given to the gaoler, and to the execution and detaining creditors of such prisoners shall be sent, by post, by the messenger of the Court, and such notice shall be in the form set forth in the Schedule. (C. C. O. No. 8, Form 19.)

Messenger to

render account

The messenger shall, from time to time, rende to the Official Assignee an account of the fees due

PART II.

Assignee ;

to him (according to the existing scale,) and of (MESSENGERS.) payments made by him for assistance in each of fees to Official Bankruptcy, and such bill shall be taxed by the proper taxing officer, who shall certify separately the amount of fees due, and the amount of additional payments proper to be allowed. The messenger, and creditors' assignee, if any, may attend the taxation. The amount of such fees, and additional payments, shall be forthwith paid to the messenger by the assignee, out of any monies belonging to the estate or standing to its credit at the Bank of England, and if the same be insufficient, out of the first monies that shall come to his hands in respect of the estate. (G. O. No. 14, and G. O. 1852, No. 114.)

Every High Bailiff shall keep an account of the fees so received by him and of the expenses incurred by him in the discharge of his duties, and shall on the 13th of October, 1862, and each succeeding 13th of October, render an account of the said fees and expenses for the preceding year, to the Chief Registrar of the Court of Bankruptcy, and shall distinguish in such accounts the costs of which he claims the repayment under the 12th and 13th of the General Orders, dated the 12th October, 1861, for regulating the practice of the County Courts, and under the 5th of the General Orders, dated the 6th day of November, 1861, and shall verify such account upon oath. (New G. O., No. 4, Nov. 19, 1861.)

and annually to

account to Chief Registrar of

Court of Bank

ruptcy upon oath.

brought against persons acting

warrant of the Court.

No action shall be brought against any messen- No action to be ger, or his assistants, or other person appointed by the Court, for anything done in obedience in obedience to to any warrant of the Court, unless demand of the perusal and copy of such warrant hath been made or left at the usual place of abode of such messenger or his assistant, or other person, by the party intending to bring such action, or by his attorney or agent, in writing, signed by the party demanding the same, and unless the same hath been refused or neglected for six days after such demand. (B. L. C. A., sec. 107.)