§ 83. trustee and committee of inspection (if any) thereon, think fit (ib. 7). If the comptroller report to a County Court the failure of a trustee to comply with any requisition which may have been made on him by the comptroller under sect. 57, the registrar of the Court is to appoint a day for the trustee to attend the Court; four days' notice whereof (form 1, in the schedule, 1871) is to be sent by post or otherwise by the registrar to the trustee, with a copy of the comptroller's report, which copy shall be forwarded by the comptroller to the Court with the original report (ib. 9). Where a registrar of a County Court having jurisdiction in bankruptcy acts as a trustee, the word "Court" in sub-sect. 17 of sect. 83 shall mean the judge of such Court, and shall not include the registrar acting as judge under powers delegated by the judge (ib. 10). Where a receiver or manager has been appointed in a bankruptcy, his accounts must be forwarded to the comptroller by the trustee, with the first accounts rendered by him to the comptroller (ib. 12). The estate book referred to in Rule 243 of "The Bankruptcy Rules, 1870," may be kept in the form of an ordinary debtor and creditor account in lieu of the form prescribed by such rule (ib. 13). The trustee must submit to the committee of inspection his bank pass book at the quarterly meeting required to be held by sect. 20, and forward to the comptroller a copy duly certified by the committee of all entries made therein since the previous audit (ib. 14). Where the trustee has not since the date of his appointment, or since the last audit of his accounts, received or paid any sum of money on account of the bankrupt's estate, he shall at the quarterly meeting required by sect. 20 lay before the committee of inspection a statement to that effect (form 6, schedule, 1871); and such statement, if approved, is to be signed by the committee, and forthwith forwarded by the trustee to the comptroller (ib. 15). Where there is no committee of inspection, and the trustee has not for a period of three months from the date of his appointment, or from the last audit of his accounts, received or paid any sum of money on account of the bankrupt's estate, he must file with the registrar of the Court an affidavit to that effect (form 9, schedule, 1871), and forthwith forward an office copy of such affidavit to the comptroller. Where the registrar is trustee he must forward to the comptroller a certificate to the like effect (ib. 16). Upon the declaration of a dividend a trustee must send to the comptroller a list of creditors who have proved, showing the amount of proofs and dividends (ib. 17). At the expiration of twelve months from the declaration of such dividend, or if the bankruptcy be closed within twelve months of such declaration, then at the close of the bankruptcy, the trustee must forward to the comptroller a list of the dividends unclaimed, together with vouchers showing the payment of such dividends as have been paid (ib. 18). Upon the receipt of such list the comptroller will send to the trustee an order by the accountant in bankruptcy upon the bank of England to receive the amount of the dividends which remain unclaimed, and the trustee must within one week from the date of such order pay into the bank of England the sum mentioned in such order (ib. 19). Any other moneys arising from the property of the bankrupt remaining under the control of the trustee at the close of the bankruptcy of any bankrupt, must, in like manner, be paid by him into the bank of England (ib. 20). All moneys received by a registrar acting as trustee after the close of a bankruptcy, must, in like manner, be paid by him into the bank of England within one month of the receipt of the same (ib. 21). The bank of England will receive and carry to the credit of the account of the accountant in bankruptcy, all moneys so directed to be received by any order of the accountant (ib. 22). Where payment has to be made to a registrar of a county court for the fees authorized to be taken by him, for the duties of realising the estate and of making a dividend, the order directing such payment must be signed by the judge of the Court; and any order made by the London Bankruptcy Court for the payment of such fees shall be made payable to such officer as may be authorized to receive fees on behalf of Her Majesty's Exchequer (ib. 24), i.e., the Comptroller. Every registrar acting as a trustee after the close of a bankruptcy shall, within ten days after the 30th June and 31st December, forward to the comptroller a certificate to the effect § 83. §§ 83, 84. that he has paid into the bank of England all sums of money received by him on account of closed estates (ib. 25). Power of Court Every registrar acting as a trustee after the close of a bankruptcy shall, within twenty days of the 30th June in every year, forward to the accountant in bankruptcy an account showing the balance standing to the credit of each closed estate in which he is trustee, which account, if correct, shall be certified by the accountant and returned by him to the registrar (ib. 26). Where any money shall be paid into the bank of England pursuant to these rules, the trustee shall receive a certificate from one of the cashiers of such bank (ib. 27). 84. The registrar may adjourn the first meeting of creditors from time to time and from place to place, subject to the directions of the Court; but if, at such first meeting of creditors or at some adjournment thereof, no trustee is appointed by reason of the prescribed quorum not being present, or for any other reason whatever, the Court may annul the adjudication, unless it deems it expedient to carry on the bankruptcy with the aid of the registrar as trustee. Moreover, if at any time during the bankruptcy no new trustee is appointed to fill a vacancy in that office, the Court may either carry on the bankruptcy with the aid of the registrar as trustee or annul the order of adjudication, as it thinks just. The adjudication of bankruptcy was obtained upon the petition of a creditor for 3,2321. There were only two other unsecured creditors, for 677. and 421. respectively, and a very few secured creditors. At the first meeting of creditors the large creditor alone appeared, and no trustee could be appointed-Held, that it was a proper case under sect. 84 to carry on the bankruptcy with the aid of the registrar as trustee. (In re Finney, ex p. English Joint Stock Bank, 40 L. J. Bank. 43.) James, L. J. said: Here are a petitioning creditor and two other small unsecured creditors, the petitioning creditor's debt being of such overwhelming amount, that he is entitled to be considered substantially the sole creditor who is putting the bankruptcy in force. A sole creditor has a right to proceed against his debtor in bankruptcy, and a right to all the remedies provided by the bankruptcy law, which are very extensive. If there had been numerous creditors and no assets, it might have been considered a sham bankruptcy, and it would have been right to annul it. Here is a substantial creditor who says, I desire to have the bankruptcy carried on, even at increased expense, in order to get my debt out of the assets. I know there are some assets which are subject to certain charges, and I want to have those charges made by order. Mellish, L. J. concurred: "If it should appear that the creditors not attending are as substantial as those who attend, it might be said that the will of the majority was not in favour of bankruptcy: not so here." Re Burton. The solicitor, on behalf of the petitioning creditor under this adjudication, applied pursuant to the 166th rule, for subpoenas to examine the brother-in-law, the fatherin-law, and other alleged creditors of the bankrupt at the first meeting appointed pursuant to section 16 of the Bankruptcy Act, 1869. The matter had been brought before the registrar, who referred it to the Court. The Chief Judge said that doubtless in proper cases subpoenas might be issued, but the proper course in this case would be to allow the first meeting to take place, and, if the proofs were tendered and disputed, the registrar might, if necessary, adjourn, and he also might, if necessary, allow subpoenas to be issued for the attendance of witnesses. At present it was not requisite that subpoenas should issue (14 S. J. 629). At the first meeting held under a bankruptcy, one creditor only proved his debt, and the proceedings were adjourned for a week in pursuance of section 84 of the Bankruptcy Act, 1869. Before the day appointed for the adjourned sitting, the creditor proving signed a consent to the annulment of the adjudication. Held, that, until the adjourned sitting had taken place, the first sitting was not in fact complete, nor was the bankrupt, until such adjourned sitting, in a position to ask for an order to annul. (Re Greer, 14 S. J. 575.) In all cases in which the registrar has to report under sect. 84, or in which he acts as trustee, he reports, not to himself, but to another registrar sitting as Chief Judge; and in all § 84. §§ 84-86. such cases the facts are brought under the notice of the Court by the official solicitor. Post letters addressed to bankrupt. Arrest of bankrupt under certain circumstances. As to Power over Bankrupt. 85. The Court, upon the application of the trustee, may from time to time order that, for such time as the Court thinks fit, not exceeding three months from the date of the order of adjudication, post letters addressed to the bankrupt at any place or any of the places mentioned in the order, shall be re-directed, sent, or delivered by the Postmaster General or the officers acting under him, to the trustee or otherwise as the Court directs, and the same shall be done accordingly. Under this section the Court, upon the application of the trustee in a matter of liquidation, ordered post letters addressed to the bankrupt to be re-directed to the trustee, for a period not exceeding three months from the date of the filing of the petition of liquidation. 86. The Court may, by warrant addressed to any constable or prescribed officer of the Court, cause a debtor to be arrested, and any books, papers, moneys, goods, and chattels in his possession to be seized, and him and them to be safely kept as prescribed until such time as the Court may order, under the following cir cumstances: (1.) If, after a petition of bankruptcy is presented against such debtor, it appear to the Court that there is probable reason for believing that he is about to go abroad or to quit his place of residence with a view of avoiding service of the petition, or of avoiding appearing to the petition, or of avoiding examination in respect of his affairs, or otherwise delaying or embarrassing the proceedings in bankruptcy : |