PART IV. reported to the Court. to confirm. The Registrar shall report such resolution to (ARRangement) the Court within four days from the date of such Resolution to be resolution; and the Bankrupt, or any creditor nominated in that behalf by the meeting, may then apply to the Court that the proceedings in Bankruptcy may be stayed in the terms of such resolution; and the Court, after hearing the Bank- Power for Court rupt, and such creditors as may desire to be heard for or against the resolution, and if it shall find that the resolution was duly carried, and that its terms are reasonable, and calculated to benefit the general body of the creditors under the estate, shall confirm the same, and make Order accordingly, and in such order shall give such directions as to the interim management of the estate as it shall deem expedient. (B. A., 1861, sec. 186.) to make a tion of Deed of and to direct it to be registered, and to annul Bankruptcy. If the proceedings in Bankruptcy be stayed, as Power for Court herein provided, the Bankrupt, or any creditor Declaration of nominated in that behalf by the meeting afore- complete Execu said, may, at any time within the period during Arrangement; which the proceedings are so stayed, produce to the Court a Deed of Arrangement, signed by or on behalf of three-fourths in number and value of all the creditors of the Bankrupt; and the Court may consider the same, and may examine on oath the Bankrupt and any of the creditors who may desire to be heard in support of, or in opposition to the Deed, and may make such other inquiry as it may think necessary; and if the Court shall be satisfied that the Deed has been duly entered into and executed, and that its terms are reasonable, and calculated to benefit the general body of the creditors under the estate, it shall, by order, make a declaration of the complete execution of the Deed, and shall direct the same to be registered with the Chief Registrar, and shall also, if it thinks fit, annul the Bankruptcy; and such Deed shall thereafter be as binding, in all respects, on any creditor who has not executed the Deed, as if he had executed it, provided such Deed be registered with the Chief Registrar in manner directed by the Order. (B. A., 1861, sec. 187.) Deed, if so registered, to be binding on Creditors not executing. PART IV. (ARRANGEMENT) Jurisdiction to cations of Bankrupt, or any Party to the Deed respecting Estate and Affairs. Either before or after such Order, the Court Courts to have shall have jurisdiction to entertain any Application entertain Appli- of the Bankrupt, or of any party to the Deed, or of any creditor or person claiming to be a creditor, respecting the disclosure, distribution, inspection, conduct, management, or winding-up of the Bankrupt's estate and affairs, or any act or thing relating thereto, or respecting the execution of any of the trusts or provisions of the Deed, or the audit or examination of the accounts of a trustee or inspector, or the taxation or examination of the costs or charges of any attorney, solicitor, accountant, auctioneer, broker, or other person acting or employed under the Deed, or generally for the decision of any dispute or question, and shall also have jurisdiction to entertain any Application of any such person as aforesaid, respecting any matter for the submission whereof to the Court, provision is made by the Deed, or any matter arising between any of the said persons, and any other person appearing and submitting to the jurisdiction of the Questions under Court: and the Court shall determine all questions decided accord. arising under the Deed, according to the law and ing to Law of practice in Bankruptcy, so far as they may be applicable, and on entertaining any such Application, shall have power to make all such Orders as shall seem just, and to enforce all such Orders as in Bankruptcy. (B. A., 1861, sec. 188.) the Deed to be Bankruptcy. Power of the Court to sum The Court shall have power, for the purpose of mon and exam- any application under these provisions, or for the ine Bankrupt,&c better execution of any powers given to the Court thereby, to summon, and to examine, upon oath or otherwise, the Bankrupt, and any party to the deed, and any Creditor, or person claiming to be a Creditor, and any person known or suspected to have any of the estate in his possession, or any person supposed to be indebted to the estate, or whom the Court may deem capable of giving any information material to the full disclosure of the debtor's transactions and affairs, or to the carrying into effect the provisions of the deed; and the PART IV. Court may exercise, as to the examination of such (ARRANGEMENT) persons, and the production, by them, of such books, papers, deeds, or documents as it shall deem requisite, the same powers that are vested in the Court with relation to the examination of persons and witnesses, and the production of books, papers, deeds, and documents, in matters of Bankruptcy. (B. A. 1861, sec. 189.) to pro Resolution had been passed. If the resolution aforesaid shall not be duly re- Where Bankported, or if the Court shall refuse the application_ceed as if no to stay proceedings, or if the deed of arrangement shall not be duly produced, or if upon its production, the Court shall not think fit to approve thereof, the Bankruptcy shall proceed as though no such resolution had been passed, and the Court may make all necessary orders for resuming the proceedings in Bankruptcy, and the period of time which shall have elapsed between the date of such resolution, and the date of the order for resuming proceedings shall not be reckoned in calculating periods of time prescribed by this Act. (B. A. 1861, sec. 190.) If the Bankruptcy be annulled as herein pro- Where Bankvided, the order annulling the same shall be filed ruptcy annulled. with the proceedings, and notice thereof shall be given in the London Gazette (B. A. 1861, sec. 191.) AS TO TRUST DEEDS FOR BENEFIT OF CREDITORS, EXECUTED BY A DEBTOR. be valid, and upon what conditions. Every deed or instrument made or entered What deeds to into between a Debtor and his Creditors, or any of them, or a Trustee on their behalf, relating to the debts or liabilities of the Debtor, and his release therefrom, or the distribution, inspection, management, and winding-up of his estate, or any of such matters, shall be as valid, and effectual, and binding on all the Creditors of such Debtor as if they were parties to, and had duly executed the same, I PART IV. (TRUST DEEDS.) provided the following conditions be observed; that is to say— 1. A majority in number representing threefourths in value of the Creditors of such Debtor, whose debts shall respectively amount to Ten Pounds and upwards, shall before or after the execution thereof by the Debtor, in writing, assent to or approve of such deed or instrument. 2. If a Trustee or Trustees be appointed by such deed or instrument, such Trustee or Trustees shall execute the same. 3. The execution of such deed or instrument by the Debtor shall be attested by an attorney or solicitor. 4. Within twenty-eight days from the day of the execution of such deed or instrument by the Debtor, the same shall be produced and left (having been first duly stamped) at the office of the Chief Registrar, for the purpose of being registered. 5. Together with such deed or instrument there 6. Such deed or instrument shall, before regis- THE BANKRUPT'S ESTATE.-ASSIGNEES, THEIR RIGHTS AND DUTIES. PART IV. Registration of Certificate of Appointment of Creditors' Assignee. Where the conveyance of the property of a Bankrupt would require to be registered, the certificate of the appointment of the Assignees of the estate and effects of a Bankrupt shall be registered within two months after the date of such appointment. (B. L. C. A. 1849, sec. 143.) Upon the appointment of the creditors' Assignee On appointment all the estate both real and personal of the Bankrupt shall be devested out of the Official Assignee, and vested in the creditors' Assignee. (B. A. 1861, sec. 117,) The Official Assignee forthwith renders to the Creditors' Assignee a full and particular account or balance sheet of the Bankrupt's estate, and of all his receipts, payments, and transactions, and also a list of all the creditors who have proved their debts against the estate. (B. A, 1861, sec. 118; Forms R and S, Appendix.) of Creditors' Assignee Estate to vest in him, Official Assigfor Creditors' Assignee. nee's account nee shall audit accounts of Official Assignee The creditors' assignee shall audit such account Creditors' Assig and may call for such information from the Official Assignee as he possesses concerning the estate, and the account shall be audited in the presence of the Judge of the Court; a printed copy of such account of the Official Assignee, when audited, shall, unless the Judge shall otherwise direct, be sent by post by the creditors' Assignee to every creditor who has proved. (B. A. 1861, sec. 119.) Bankrupts No person shall be entitled as against the Official or creditors' Assignee to withhold possession of the subject to lien. books of account of the Bankrupt, or to claim any lien thereon. (B. A. 1861, sec. 121.) to vest in Assignees. When any person shall have been adjudged a Personal Estate Bankrupt all his personal estate and effects, present and future, wheresoever the same may be found or known, and all property which he may purchase, or which may revert, descend, be devised or bequeathed, or come to him before he shall have |