PART IV. (CHOICE OF ASSIGNEES.) Security. Certificate of Appointment . majority in value of the creditors who have proved their debts, to choose an Assignee, or Assignees of the Bankrupt's estate and effects, and, to be called the creditors' Assignee. (Sec 116.) The majority in value of the creditors present at the meeting for choice of a creditors' Assignee, shall determine whether any security shall be given by such Assignee, and if so, the amount and nature thereof; and such security may, if the creditors so determine, be by way of bond given to any Registrar of the Court, or his successors, who are hereby authorised to sue thereon. (B. A. 1861, sec. 122.) When the election of an Assignee shall have of Assignee. been accepted by the person elected and confirmed by the Court, the Court shall, by certificate under the hand of the Judge and the seal of the Court, (to be called the certificate of appointment,) declare such creditors' Assignee to have been duly elected, and appoint him to the office accordingly. (B. A., 1861, sec. 123; Appendix Q.) Bankrupt's last and application APPOINTMENT OF A PUBLIC SITTING FOR THE The Court shall, forthwith, after the meeting examination, for the choice of an Assignee by the creditors, for discharge. appoint a public sitting on a day not later than sixty days from the date of such meeting, and shall give notice of such sitting in the London Gazette, and in such newspapers as the Court shall direct, for the Bankrupt to pass his last examination; and, also, unless the Court shall in any case otherwise direct, to make application for his discharge; but the Court shall have power to enlarge the time appointed for such sitting, or to adjourn the same. (B. A. 1861, sec. 140; G. O. No. 17.) The Registrar in Chambers gives the requisite directions for notices, and advertisements in the Notice to be given in London Gazette, &c. London Gazette, and local newspapers. (G. O, PART IV. (LAST EXAMINATION.) Summons surrender. Statement of Bankrupt's Ac counts to be days' before last examination; filed, on oath, 10 The Bankrupt is summoned by the messenger to Bankrupt to (C. C. O. No. 11) to surrender for his last examination, and the summons must be served personally, or left at his usual or last known place of abode, or business (B. L. C. A. 1849, sec. 117; B. A. 1861, sec. 221; Form X. X, Appendix.) The Bankrupt shall prepare a statement of his accounts in the form specified in the County Court Orders, or in such form as the Court, in any case, shall direct, and shall subscribe such statement, and file the same in Court ten days, at least, before the day appointed for the last examination, or adjournment thereof; and such statement may, before such last examination, be amended, from time to time, as occasion shall require, and the Court shall direct; and the Bankrupt shall make oath of the truth of such statement whenever he shall be duly required by the Court so to do. And the last examination of the Bankrupt shall, in or last examinno case, be passed, unless his statement shall have been duly filed. (B. A, 1861, sec. 141; C. C. form 7; G. O. No. 17.) ation not to be passed. The Bankrupt's statement and balance sheet In duplicate. must be filed in duplicate, (G. O., 1852, No. 59,) and the list of debtors and creditors should be numbered consecutively, in rotation, for facility of reference. Accounts to be open to creditors. An abstract to be The statement of accounts, when filed in Court, Statement of shall be open to the inspection of all creditors, who may take copies of and extracts from the same, subject to such regulations as General Orders shall direct; and an abstract thereof 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 Assignee, to each creditor who has proved. (B. A, 1861, sec. 142. Form, Appendix Z a.) sent by post to creditors who have proved PART IV. PUBLIC SITTING FOR BANKRUPT'S LAST EXAMINATION. Bankrupt s last If the Bankrupt shall not, upon the day limited examination. for his surrender, and before three of the clock of such day, or at the hour, and upon the day allowed him for finishing his examination, after notice thereof in writing, and after the notice herein directed in the London Gazette, surrender himself to the Court (having no lawful impediment allowed by the Court,) and sign or subscribe such surrender, and submit to be examined before such Court from time to time, he shall be guilty of a misdemeanor. (B. A. 1861, sec, 221.) Documents to be The following are the documents to be filed (as filed (last exami- the case may be): nation) stamp 5s. Bankrupts and wives, if : 1.-Memorandum of Bankrupt's last examination, and order allowing discharge, if granted. (Form, Appendix Z c.) 2.-If last examination adjourned. (Form, Appendix Z f.) 3.-If Bankrupt's discharge suspended or refused. (Form, Appendix Z g.) (A fee of 5s. is payable for every adjourned meeting or sitting.) (Appendix B.B.) All documents filed should, in every case, contain the No. of the Petition All Bankrupts shall, and the wives of such Bankrupts shall, when so required by the Court, required, to sign make and sign the declaration contained in the declaration not Schedule E, to this Act annexed; but such declato exempt from examination on ration shall not, in any case, exempt such Bankoath. rupt, or Bankrupt's wife, from being examined upon oath, if the Court, or any creditor, shall so Any person require. (B A., 1861, sec. 211; Appendix F.) refusing to be If any Bankrupt, or the wife of any Bankrupt, ing to answer, or shall refuse to make and sign the declaration connot fully answering, or refusing tained in the Schedule W, to this Act annexed, to sign examina- or if any other person shall refuse to be sworn, or duce books, &c., shall refuse to answer any lawful question put by may be commit- the Court, or shall not fully answer any such sworn, or refus tion, or to pro ted. question to the satisfaction of the Court, or shall refuse to sign and subscribe his examination when reduced into writing (not having any lawful objection allowed by the Court), or shall not produce any books, papers, deeds, and writings, or other documents in his custody or power, relating to any of the matters under inquiry, which such Bankrupt, wife of the Bankrupt, or person is required by the Court to produce, and to the production of which he shall not state any objection allowed by the Court, it shall be lawful for the Court, by warrant, to commit such Bankrupt, wife of such Bankrupt, or other person in London, to the Queen's prison, or in the country to such prison as such Court shall think fit (as the case may be in London or in any district in the country), there to remain without bail until he shall submit himself to such Court to be sworn, and full answers make to the satisfaction of such Court to all such lawful questions as shall be put by the Court, and sign and subscribe such examination, and produce such books, papers, deeds, writings, and other documents in his custody or power, to the production of which no such objection as aforesaid has been allowed. (B. L. C. A. 1849, sec. 260; B. A. 1861, sec. 112; Form of Warraut, Z i Appendix.) PART IV. (LAST EXAMINATION.) Any Bankrupt, or Bankrupt's wife, who shall, False evidence. upon any examination, upon affirmation, or after making and signing the declaration authorised or directed by this or any other Act relating to Bankrupts; and any person who shall, upon any examination upon oath, or affirmation, or in any affidavit, or deposition, or solemn affirmation, so authorised, or directed; or in any affidavit, or deposition, or solemn affirmation, wilfully and corruptly give false evidence, or wilfully and corruptly swear or affirm anything which shall be false, being convicted thereof, shall be liable to the penalties of wilful and corrupt perjury. (B. L. C. A., 1849, sec. 254.) The several Courts, exercising jurisdiction Evidence how to under this Act, may, in all matters within their be taken. PART IV. (LAST EXAMINATION.) and other pro copies purport with the seal of missible in evidence. respective jurisdictions, take the whole, or any part of the evidence, either viva voce on oath, or by interrogatories, in writing, or upon affidavit. (B. A., 1861, sec. 50.) Petitions, Any petition for adjudication, or arrangement, ceedings in adjudication of bankruptcy, assignment, appointBankruptcy, and ment of official or creditors' Assignee, certificate, ing to be sealed deposition, or other proceeding, or Order in Bankthe Court, ad. ruptcy, or under any of the provisions of this Act, appearing to be sealed with the seal of any Court under this Act; or any writing, purporting to be a copy of any such document, and purporting to be so sealed, shall at all times, and on behalf of all persons; and whether, for the purposes of this Act, or otherwise, be admitted in all Courts whatever, as evidence of such documents respectively, and of such proceedings and orders, having respectively taken place, or been made, and be deemed res pectively records of such Court, without any further proof thereof; and no such copy shall be receivable in evidence, unless the same appear to be so sealed, except where otherwise, in this Act, specially provided. (B. A., 1861, sec. 203.) Evidence as to A copy of any petition filed in the Court for the Insolvency. Relief of Insolvent Debtors in England, or in any Court having jurisdiction for the Relief of Insol vent Debtors, or in Bankruptcy, in any of Her Majesty's Dominions, Colonies, or Dependencies, and of any vesting order, schedule, order of adjudication, or other proceedings, purporting to be signed by the officer in whose custody the same shall be, or his deputy, certifying the same to be a true copy of such petition, vesting order, schedule, order of adjudication, or other order or proceedings, and appearing to be sealed with the seal of such Court, shall at all times be admitted under this Act as sufficient evidence of the same, and of such proceedings respectively having taken place, without any other proof whatever given of the same. (B. A. 1861, sec. 206.) Advertisements, A when evidence. copy of the Londor Gazette, and of any news |