Form 128.

Forms 129, 136.

225. The business of the masters shall be transacted by them in person.

226. In all cases where writs of execution may be issued out to enforce an order for payment of money and costs, or either of them, the same shall be sealed with the seal of the London Bankruptcy Court, and be issued by the chief regis trar, on production of an office copy of the order for payment, and where the order comprises costs on production of the allocatur.

227. At the time of issuing any writ of execution the attorney causing the same to be issued shall file a præcipe thereof with the chief registrar according to the form in the schedule.

228. The chief registrar shall file and keep every such præcipe, and shall keep a book in which he shall enter the same, with an index referring alphabetically to the names of the persons against whom writs are issued.

229. Writs of execution shall be according to the forms in the schedule, or as near thereto as the circumstances of the case may require, and such writs, when sealed, shall be delivered to the sheriff or other officer to whom the execution of the like writs issuing out of the superior courts of common law at Westminster belongs, and shall be executed by such sheriff or other officer as nearly as may be in the same manner in which he doth or ought to execute such like writs, and for the execution of such writs such sheriff or other officer shall not take or be allowed any fees other than such as are or shall be from time to time allowed by lawful authority for the execution of the like writs issuing out of the superior courts of common law at Westminster.

230. Writs of execution shall be tested in the name of the Chief Judge and of the day when actually issued, and be made returnable immediately after the execution thereof, before the Court.

231. The amount actually intended to be levied or extended, and the name, occupation, and address of the person against whom the writ is issued, and the name and residence, or place of business, of the attorney issuing the same (if any) shall be endorsed on every writ of execution.

232. On the filing of a return to a former writ that goods have been seized but not sold, a writ of venditioni exponas may be issued.

233. On execution of the writ, or before execution, if so ordered by the Court, every writ shall be forthwith returned to the said Court, by filing the same (with the proper return endorsed) with the chief registrar, by whom such writ and return shall be filed of record, and the fact and date, and substance of the return, shall be forthwith entered in the præcipe book.

234. On satisfaction by levy or otherwise, in whole or in part, the party on whom the order is made may, on delivery of a search stamp, cause such satisfaction to be entered on the order for payment.

235. Unless such satisfaction shall appear by the return of the writ, or shall be admitted by the party in whose favour the order shall be made, or his attorney, application must be made to the Court to order such entry of satisfaction.

236. The Court of Bankruptcy shall, on proper application, exercise such and the same powers of amendment of writs of execution, and the indorsement thereon, and the præcipes thereof, in cases where such powers may be reasonably exercised, and on the same terms as to payment of costs or otherwise, as the superior courts of common law at Westminster are in the habit of exercising.

Duties of Comptroller, and the Books and Accounts to be kept by Registrars and Trustees.

237. The Comptroller shall keep a book entitled "The Sect. 55. Register of Bankruptcies in the London Court," according to the form in the schedule, and another book entitled “The Register of Bankruptcies in the County Courts," according to the form in the schedule, with such additional headings as he may find necessary.

238. The comptroller shall cause an entry to be made in the proper register of every gazetted notice applicable or defined by the headings, and shall cause such registers to be examined on every Monday and Thursday with the then last published Gazette, so as to insure that all the notices published therein have been duly entered in such registers.

Form 104.

Sect. 25.

239. The registers shall be open for searches by the public at all hours that the office of the comptroller is open, upon a request in writing with a search stamp affixed thereon being lodged.

240. The chief registrar of the London Bankruptcy Court, and every registrar of a County Court having jurisdiction in bankruptcy, shall keep books according to the forms in the schedule, and the particulars given under the different heads in such books shall be entered forthwith after the proceedings shall be had.

241. The registrars shall make and transmit such extracts from such books as the comptroller may from time to time require to be made and transmitted to him.

242. The trustee shall keep a book to be entitled “The Record," according to the form in the schedule, in which he shall record all minutes, all proceedings had, and resolutions passed at any meeting of creditors, or of the committee of inspection, statement of bankrupt's affairs, reports, and all proceedings necessary to give a correct view of the management of the bankrupt's property, but he shall not be bound to insert in the record any document of a confidential nature (such as the opinion of counsel on any matter affecting the interest of the creditors), nor need he exhibit such document to any person other than the members of the committee of inspection.

243. The trustee shall also keep a book to be entitled the "Estate Book," according to the form in the schedule, in which he shall enter from day to day the receipts and payments made by him.

But see G. R. post, 1871, No. 13.

244. The Record and the Estate Book may be inspected by the committee of inspection and the creditors or their agents.

245. The trustee shall submit the Record and Estate Book, together with a copy of the latter, to the committee of inspection at the quarterly meeting required by section twenty of the Act.

246. The committee of inspection shall audit the Estate Book, and certify therein under their hands the day on which

the said book was audited, and shall in like manner certify the copy of the said book.

247. The trustee shall, forthwith after the said audit shall have been held, transmit to the comptroller in bankruptcy the copy so certified, adding thereto his certificate that it is the copy certified by the committee. He shall also forward therewith an office copy of the statement of affairs filed by the bankrupt, showing thereon in red ink the difference between the sums stated by the bankrupt and the sums realised or estimated by the trustee to be realised, and shall also state the reasons why any property not realised has not been realised.

248. Every trustee, before calling a meeting of the creditors to consider an application to be made by him to the Court for his release, shall apply to the comptroller for a report on his accounts, and the comptroller shall make such report and transmit it to the trustee, who shall produce the same at such meeting and to the Court when making such application.

249. Upon a trustee resigning, or being released or removed from, his office, he shall deliver over to the registrar of the Court all books kept by him, and all other books, documents, papers, and accounts in his possession in any way relating to the office of trustee.

250. Each trustee shall, within fourteen days after the 31st Sect. 56. day of December in each year, transmit to the comptroller a statement according to the form in the schedule of every bankruptcy in which he is a trustee, and the comptroller shall cause the returns so made to be regularly bound up and preserved, according to alphabetical order of the Courts in which the proceedings were had, in volumes to be kept at all times in his office, with an index thereto framed by him, and which volumes may be searched by the public; and any trustee who shall fail to make such return may be removed from his office by the Court at the instance of any one creditor, or of the comptroller, or be subject to such order and to such costs as the Court may think proper to make.

251. The comptroller shall take cognisance of the conduct of trustees, and in the event of any trustee not faithfully performing his duties, and duly observing all the requirements imposed on him by statute, rules, or otherwise, relative to the

performance of his duties, or in the event of any complaint being made to the comptroller by any creditor in regard thereto, he shall inquire into the same, and, if not satisfied with the explanation given, he shall report thereon to the Court, which after hearing the trustee may remove him from his office, or otherwise make such order in the matter as the justice of the case may require.

Proceedings for Liquidation by Arrangement or Composition with Creditors.

Sections 125 and 126.

252. Proceedings under these sections shall be instituted by the debtor by petition and affidavit thereto annexed according to the forms given in the schedule.

253. The Court having jurisdiction in such proceedings shall be the Court to which a bankruptcy petition against the debtor could be presented.

254. The first general meeting shall be summoned, to be held at the place mentioned in the affidavit filed with the petition (subject to such place being changed by order of the Court, as hereinafter provided), and the time of meeting shall be at a stated hour between 10 a.m. and 5 p.m. on a day within one calendar month from the presentation of the petition, unless the Court in any particular case shall otherwise order.

255. The first general meeting of creditors shall be summoned by notice according to the form in the schedule.

256. All first general meetings shall be summoned as follows:

A sufficient number of forms of such notice, duly signed, addressed, and stamped for post, shall be delivered to the registrar, together with a request and list of creditors according to the form in the schedule, and such list may be added to, or additional requests and lists be filed, as circumstances may require. Every request shall bear a stamp calculated at the rate of threepence for each notice required to be sent. The registrar shall cause the notices to be checked with the list or lists delivered to him, and to be sealed with the seal of the Court, and to be posted to the creditors, and the person posting the same shall forthwith make and file an affidavit,