PRISON. See COMMITMENT.

PRIVATE MEETING

for the examination of witnesses, see EXAMINATION.

PRIVILEGE OF PARLIAMENT

does not exempt from liability to bankruptcy, s. 120; see HOUSE OF COM-
MONS, MEMBER OF; and see CASE OF THE DUKE OF NEWCASTLE, p. 4.

PROCEDURE UNDER THE ACT OF 1869

is applicable to proceedings pending in bankruptcy before the 1st Jan. 1870,
p. 3.

PROCEEDINGS IN BANKRUPTCY REGULATED, s. 80. See BANKRUPTCY
PETITION, TRANSFER OF PROCEEDINGS, JURISDICTION OF COURT, PROOF,
PROXY, DEATH OF BANKRUPT, STAY OF BANKRUPTCY.

PROCEEDINGS IN BANKRUPTCY,

minutes of all proceedings at meetings of creditors to be made and kept by
the trustee, and to be open to inspection by creditors, s. 22.

not to be invalidated by any formal defect or irregularity, unattended with
substantial injustice, s. 82.

to be in, or framed in accordance, so nearly as may be, with the forms in the
schedule, G. R. 7; to be, as the rule, printed or written on paper or parch-
ment of a prescribed size, but informality herein not to vitiate, ib. 8; to
be sealed, ib. 10.

to remain of record in the court, and not to be removed except for use by the
Court, or by direction of a judge or registrar, but to be open to inspection
by bankrupt, trustee, or creditor who has proved, G. R. 9.

office copies of, to be provided by the officer in prescribed manner, G. R. 12;
but see p. 559.

notices and other proceedings not requiring personal or special service, may
be sent by prepaid post-letter, G. R. 14.

PROCESS,

as to service of, to be by high bailiff, unless otherwise prescribed, G. R. 58.

PROOF OF DEBT

may be made at any duly summoned meeting of creditors; or by transmission,
in prepaid post-letters, to registrar acting as trustee, or to trustee himself,
as the case may be, of affidavit of debt (Form 32), and may be made by
creditor or his clerk or agent, G. R. 67, 68; see s. 25, par. 1, s. 31; and see
AFFIDAVIT.

by corporation, may be by agent duly authorised under its seal, s. 80, par. 7;
G. R. 69, Form 34.

before trustee prescribed, s. 25, par. 1, and s. 31.

to be examined by trustee, who may reject or admit it, in whole or in part, at
once or upon further evidence, giving notice to creditor of rejection, G. R.
72; subject to appeal to the Court, ib. s. 74; stating in writing his reasons
for rejection, ib.

PROOF OF DEBT-continued,

This rule applies equally to trustees in liquidation, p. 522.

if debt improperly admitted, the trustee may, on affidavit, apply to the Court
to expunge it, G. R. 73. Proofs admitted or rejected by trustee to be filed
by him with registrar within seven days, with the memorandum thereon of
allowance or disallowance, G. R. 118.

certified list of proofs admitted, rejected, or pending, to be sent on 1st of
each month by trustee to registrar, G. R. 75.

as to proof of debt by separate creditor, G. R. 76.

may be allowed or disallowed by registrar acting as trustee, G. R. 70, s. 17.
allowed or disallowed by trustee to be filed with registrar, G. R. 71.

in respect of distinct contracts, see DISTINCT CONTRACTS.

in respect of rates and taxes, s. 32.

in respect of rent, ss. 34, 35.

where, under a first bankruptcy, the creditors have agreed to payment by in-
stalments, and the bankrupt is discharged, and he again becomes bankrupt,
none of the instalments having been paid, the debts under the first bank-
ruptcy are provable, p. 51.

where rejected at the meeting for choice of trustee, and on appeal admitted,
the Court will recall the appointment of trustee and order a new choice,
p. 20.

on judgment, may be disallowed, and the onus is on the creditor to show that
the debt was valid, p. 51.

in respect of contingent annuity, p. 65.

in respect of breach of trust under a will, p. 1.

in respect of agreement to repair, p. 52.

under the Act to Amend the Law of Partnership, p. 52.

by holder of bills of exchange as indorsee, for value, p. 52.

may not be made for defendant's costs in an action, where, though verdict is
given before adjudication, the judgment is not obtained until after adjudi-
cation, p. 67.

received by registrar as trustee to be given over to trustee on his appoint-
ment, a list of them having first been filed with the proceedings, G. R. 71.
must be made at cost of creditors, unless the Court shall otherwise specially
order, G. R. 127.

See SET-OFF; MUTUAL DEBTS; PARTNERS.

PROPERTY,

the term to mean and include money, goods, things in action, land, and every
description of property, whether real or personal; also, obligations, ease.
ments, and every description of estate, interest and profit, present or future,
vested or contingent, arising out of or incident to property herein defined,
s. 4.

not to include property held by bankrupt in trust for other persons, s. 15,
par. 1.

or tools and necessary wearing apparel, &c., not exceeding in value 201,
ib.

to include all proper y belonging to or vested in bankrupt at commencement

PROPERTY-continued.

of bankruptcy, ib. par. 2.

or acquired by him during its continuance, ib. par. 3.

all powers in, over, and relating to such property as might have been exercised
by the bankrupt for his own benefit, except right of nomination to ecclesi-
astical benefice, ib. par. 4.

all goods and chattels, at commencement of bankruptcy, in possession, order,
or disposition of bankrupt, being a trader, by consent and permission of
true owner, and of which bankrupt is reputed owner, or of which he has
taken upon himself the sale or disposition as owner, excepting things in
action other than debts due in course of trade or business, ib. par. 5.
to pass from trustee to trustee, including registrar, and to vest in trustee
without conveyance, assignment, or transfer, s. 83, par. 6.

becomes divisible amongst creditors, s. 14; except as to particulars specified,
s. 15.

disposition of, by conveyance, transfer, charge upon, delivery or payment of,
made by bankrupt before adjudication, in good faith, and for valuable con-
sideration, to person not having notice of act of bankruptcy, valid, notwith-
standing previous act of bankruptcy, s. 95.

trustee may divide amongst creditors property which cannot advantageously
be realised, s. 27.

property remaining at close of bankruptcy to be dealt with as rules of Court
may direct, s. 52.

where goods of trader taken in execution and sold, sheriff or county court
officer to retain proceeds for fourteen days, s. 87.

if notice of petition served, proceeds, deducting expenses, to be held in trust
for trustee, ib.

if no notice or, in case of notice, if no adjudication in fourteen days, proceeds
to be dealt with as if no notice served, ib.

As to benefice, see CLERGYMAN.

n hands of other persons as agents, and not by law retainable by them, to
be delivered over to trustee, s. 93.

concealed elsewhere than in bankrupt's house may be seized under search-
warrant, s. 99.

of an unsaleable nature may (subject to the limitation of time in particular
cases, prescribed by s. 24) be disclaimed by the trustee; subject to appli-
cation to the Court as to possession by the person interested; and to proof
by such person for amount of injury sustained by disclaimer, s. 23.
after annulling, the property may vest in such person as the Court shall
appoint, or revert to bankrupt, as the Court directs, s. 81.

the withholding of, by bankrupt, a contempt of Court, s. 19.

the fraudulent non-discovery, non-delivery up of, concealment or removal of, by
bankrupt or debtor, a misdemeanor, D. A., s. 11, par. 1, 2, 4, 5.

vests in registrar until trustee appointed, and then in trustee, s. 17.

PROPERTY TAX

to be paid in priority to other debts, s. 32.

PROPORTIONATE PAYMENTS,

as to proof in respect of, s. 35.

PROSECUTION OF BANKRUPT OR DEBTOR,

for any offence under the Act, may be directed by the Court upon the report
of trustee, or upon the representation of a creditor or an inspector, D. A

s. 16.

there must be reasonable evidence to go to a jury; not mere suspicion,
p. 219.

for perjury, costs of, not within the Act, p. 224.

where examination of bankrupt may be no exemption, p. 220.

certificate of appointment of trustee under s. 18, conclusive evidence as to his
authority to prosecute, p. 219.

expenses of, to be allowed, paid, and borne in like manner with those of pro-
secutions for felony, D. A., s. 17.

the compromise of, though it has been sanctioned in certain cases, should not
be made without leave of the Court, p. 223.

accomplices may be prosecuted without an order, and the costs of prosecuting
them may be allowed out of the chief registrar's fund, p. 223.

for offences against the Act, and also against any other Act, or against the
common law, must be under the one Act or the other, so that the person
shall not be punished twice for the same offence, D. A., s. 23.

PROTECTION

of certain transactions with bankrupt, subject to provisions as to execution
s. 87.

and as to settlement, s. 91.

and as to fraudulent preferences, s. 92.

The following transactions to be valid, notwithstanding prior act of bank-
ruptcy, viz. :-

1. Any disposition of property, or contract by bankrupt in good
faith and for value before adjudication and without notice, s. 95.

2. Any execution against land, executed, in good faith, by seizure
before adjudication, without notice, ib.

3. Any execution against goods, executed, in good faith, by seizure
and sale, before adjudication and without notice, ib.

PROVISIONAL ASSIGNEE

of the late insolvent debtors' court, continuance of office, and provision as to
vacancy, B. R., s. 8, to be also receiver of insolvent court, ib., s. 9; his
salary to continue, ib., s. 11.

PROXY

may be appointed by creditor fully to represent him for all purposes of the
Act, s. 80, p. 8; s. 16, p. 128; the appointment to be in writing, under the
hand of creditor, or agent of corporation, as the case may be, G. R. 85;
must be filed with trustee at the meeting at which first used, ib. 86.

PUBLIC EXAMINATION,

registrar to appoint a day for, not less than forty days from first meeting,
unless the registrar shall otherwise direct, G. R. 96.

must be held in open court, G. R. 5. Any information desired by the trustee
from the bankrupt must be had previously, and, if necessary, at a private
meeting, p. 34. The order passing must be a simple order, without condi-
tions, ib.

PUNISHMENTS

under the Act not cumulative, D. A., s. 23, p. 229.

PURCHASERS IN GOOD FAITH,

reservation of their rights in relation to trustee, ss. 92, 94.

QUARTER SESSIONS

to have jurisdiction in respect of offences under the Act, D. A., s. 20, p. 226.
QUESTIONS OF FACT

may be tried by a jury, if the parties so desire, or the Court shall think fit,
s. 72; or under the direction of the court of appeal, s. 71. The trial in
London courts to be in the same manner as trial in superior courts, in county
court, in same manner as ordinary trials in such court, ib.; and see G. R.
190-203.

QUORUM OF CREDITORS,

at any meeting, prescribed, G. R. 93.

QUORUM OF COMMITTEE

of inspection to be fixed by resolution of creditors, s. 83, p. 11.
unless otherwise settled by the creditors, to be three, G. R. 129.

RATES. See PREFERENTIAL DEBTS.

RECEIPT

by trustee for money paid to him an effectual discharge, s. 25, p. 7.

RECEIVER OR MANAGER

may be appointed by Court after presentation of bankruptcy petition, s. 13;
G. R. 33. Form 13, and see p. 375. Court may direct immediate posses-
sion to be taken, s. 13. Trustee in position of receiver, s. 20.

in liquidation, when appointed by the Court, to act as Court may direct,
G. R. 261.

may be appointed by creditors prior to passing of resolution (Form 113).
to investigate the debtor's affairs, and report thereon to the creditors in
general meeting. His nomination to be confirmed by the Court, if debtor
refuse to give up possession to him. A receiver appointed by the creditors
to supersede a receiver previously appointed by the Court, G. R. 262.
in bankruptcy can only be appointed after presentation of petition, p. 17, and
before adjudication, p. 375.

there must be an affidavit as to his fitness, ib.