PART VII. you to this court, by C. D. of CHAP. V. and the court has ordered that the publication of this notice in the London Gazette shall be deemed to be service of the petition upon you; and further take notice, that the said petition will be heard at this court on the o'clock in the at day of The petition can be inspected by you on application at this court. day of 187 . Registrar. Rule 61. No. 16. Substituted Service of Petition. Notice in Local Paper. “The Bankruptcy Act, 1869.” In the London Bankruptcy Court [or the county court of holden at To A. B. of nkruptcy Take notice, that a bankruptcy petition has been presented to this court by C. D. of and the court has ordered that the publication of a notice of the petition in the London Gazette shall be deemed to be service of the petition upon you. The petition will be heard at this court on the o'clock in the noon, on which day you are required to appear; and if you do not the court may adjudge you bankrupt in your absence. day of at The petition can be inspected by you on application at this court. day of 187 Registrar. Sect. 9. Rule 36. § 4.-NOTICE BY DEBTOR OF Intention to DISPUTE PETITION. "The Bankruptcy Rules, 1870," direct that Rule 36. "Where a debtor intends to show cause against a petition he shall file a notice with the registrar showing the statements in the petition which he intends to deny or dispute, and transmit by post to the petitioning creditor a copy of the notice three days before the day on which the petition is to be heard." No. 17. Notice by Debtor disputing the Truth of Statements on Petition. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of holden at In the matter of a bankruptcy petition presented against me on the of I, the above A. B., do hereby give you notice that I intend to dispute that adjudication should be made as prayed on the hearing of the petition, at which time I intend to dispute the petitioning creditor's debt [ur the trading or the act of bankruptcy]. § 5.-RESTRAINT OF ACTIONS AND LEGAL PRocess, after PRESENTATION OF PETITION. "The Bankruptcy Act, 1869," enacts that Sect. 13. "The court may, at any time after the presentation of a bankruptcy petition against the debtor, restrain further proceedings in any action, suit, execution, or other legal process against the debtor in respect of any debt proveable in bankruptcy, or it may allow such proceedings, whether in progress at the commencement of the bankruptcy or commenced during its continuance, to proceed upon such terms as the court may think just. The court may also, at any time after the presentation of such petition, appoint a receiver or manager of the property or business of the debtor against whom the petition is presented, or of any part thereof, and may direct immediate possession to be taken of such property or business, or any part thereof." It is scarcely necessary to observe that there is a judicial discretion in exercising the power given by this section (o). The object of this section is to preserve the property pending the petition. It in fact gives the Court of Bankruptcy power to intervene, although there may not be before it a person who could, in the ordinary sense of the term, be plaintiff in an action at law or in a suit in equity. Further, its object is, that the moment the petition is presented there may be, if desirable, a receiver or manager at the instance of the creditor or bankrupt presenting the petition, so that there may be some interim management under which the property may be preserved down to the time when there shall be an adjudication in bankruptcy; and the section does not cut down the extent of jurisdiction given by other sections (p). It has been subsequently said that "The true meaning of the 13th section was probably this, that as there might be all sorts of questions to be tried between various judgment creditors as to whether the property should be sold or not, it was intended to give the judge a discretion to stay the sale in order to the better administration of the estate and the protection of the property, but it was not intended to alter any rights of the creditors inter se, and still less to give the judge a discretion to alter them" (q). (0) See Ex parte Mills, Re Manning, 40 L. J. (N. S.) Bankr. 89, where it was held that parties should apply promptly, and the injunction was consequently only granted in a limited form. As to staying the bankruptcy proceedings, see s. 80, subs. (10), ante, p. 245, note, and post, p. 256. (p) Giffard, L. J., In re Anderson, 39 L. J. (N. S.) Bankr. 52. (q) Lord Chancellor Hatherley, in Ex parte Roche, In re Hall, 40 L. J. (N. S.) Bankr. 72. Was not some such power as is conferred by s. 13 necessary for other reasons? Property may be taken in execution before or after adjudication. By the PART VII. Sect. 13. It is to be observed that the power given is to restrain proceedings against the debtor. It has been held, that there is no power under sect. 13 to restrain proceedings in a joint action against the debtor and another, even his partner, although there might be power to restrain execution being sued out against the debtor (r); but in another case it was said, that an injunction might be properly granted to restrain the action, because by sect. 112 (post), proceedings at law may be taken against a joint contractor without the joinder of the bankrupt (s), and clearly an injunction will lie in such a case to restrain execution against the bankrupt (t). A writ of sequestration issued to enforce an order in a chancery suit for payment of money, is "legal process" within sect. 13 (u). A landlord's distress for rent is not an "execution or other legal process," capable of being restrained under sect. 13 (x). No. 31. Restraining Action, &c. after Bankruptcy. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of ]. In the matter of a bankruptcy petition against A. B. of Upon the application of and upon reading his affidavit it is ordered that L. M. of shall be restrained from taking any further proceedings in the action [or suit] brought by him [or upon the judg ment [or decree] recovered or obtained by him] against the said A. B. in [here state the court in which proceedings are] [or it is ordered that the proceedings in the action [or suit] brought by him against the said A. B. in [here state the court in which proceedings are] may be proceeded with on here insert the terms fixed by the court]]. Given under the seal of the court this as a fraudulent preference. On the (r) In re De Vecchj, Ex parte 89. 187 day of Registrar. (s) James, L. J., Ex parte Mills, Re Manning, 40 L. J. (Ñ. S.) Bankr. Semble there is such a power under sects. 66 and 72, if a case is made out for its exercise. See the judgment of Giffard, L. J., In re Anderson, 39 L. J. (N. S ) Bankr. 49. (t) Ex parte Mills, supra. (u) In re Browne, 40 L. J. (N. S.) Bankr. 46. This case is still an authority on this point, but it may be doubted whether after Slater v. Pinder, and Ex parte Roche, Re Hall, post, Chap. VII., it can be relied on as an authority that the trustee was entitled to the property, the seizure having been apparently before the act of bankruptcy. (x) Ex parte Birmingham and Staffordshire Gas Light Co., Re Fanshaw, 40 L. J. (N. Š.) Bankr. 52. As to distress for rent, see sect. 34, post, Chap. XI., § 13. § 6.-APPOINTMEnt of Receiver and Manager AFTER PETITION. "The Bankruptcy Act, 1869," empowers the court at any time after the presentation of the petition to appoint a receiver and manager of the property or business of the debtor, and to direct immediate possession to be taken of such property or business (y). "The Bankruptcy Rules, 1870," provide that PART VII. CHAP. V. Rule 33. "After the presentation of a petition, upon the application Sect. 13. of a creditor and upon proof by affidavit of sufficient grounds for the appointment of a receiver or manager of the property, or business of the debtor, or any part thereof, the court may, if he think fit, make such appointment; and where the petition is dismissed the creditor shall pay such costs of the receiver or manager as the court may direct, and the court shall, if required, adjudicate with respect to any damages, or claim thereto arising out of his appointment, or make such order thereon as it thinks fit, and such order shall be final and conclusive between the parties, and between them or either of them and the receiver or manager, unless the decision be appealed from." "The Bankruptcy Rules, 1871," provide that Rule 2. "Where a receiver or manager of the property or business of a bankrupt shall have been appointed, he shall, upon the appointment of a trustee, deliver to such trustee all money and property which may have come to his hands, unless the court shall otherwise order." Rule 3. "A receiver or manager, in cases either of bankruptcy or liquidation, shall not have any lien whatever for his remuneration on any money or property which may have come into his hands." No. 13. Application for Appointment of a Receiver, or Manager, and Order thereon. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of holden at In the matter of a bankruptcy petition against A. B. of I, C. D. of the petitioner in this matter, do, on the grounds set forth in the annexed affidavit, apply to the court for the appointment of a receiver of the property of the said A. B. [or the appointment of a manager of the business of carried on by the said A. B. at 1. and that such receiver [or manager] be directed to take immediate possession thereof. Order thereon. C. D. Upon reading this application and the affidavit therein referred to, it is ordered that L. M. of be appointed to collect, get in, and receive the property [and [or or] to manage the business] of the said A. B. And it is ordered that the said do take immediate possession of such property [or business], and that he do pass his accounts at such times as may be directed by the registrar of this court. Given under the seal of the court this day of Sect. 13. Rule 31. 187 By the Court, Registrar. (y) See sect. 13, ante, p. 249. PART VII. 7.-Arrest of BankRUPT AFTER THE PRESENTATION OF THE PETITION. CHAP. V. Arrest of bankrupt under certain circumstances. Sect. 86. Sect. 86. Rule 177. "The Bankruptcy Act, 1869," enacts that Sect. 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, monies, 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 circumstances: (1.) If, after a petition of bankruptcy is presented against such (3.) If after the service of the petition on such debtor, or after an "The Bankruptcy Rules, 1870," provide that Rule 177. "Where a bankrupt is arrested under a warrant issued under section 86 of the act, he shall be safely kept by being lodged within the prison, to the keeper of which the warrant is, amongst others, addressed; and any books, papers, monies, goods, and chattels in the possession of the bankrupt, which may be seized, shall be lodged with the trustee of the property of the bankrupt forthwith." No. 73. Warrant against Debtor about to quit England, &c. In the London Bankruptcy Court [or the county court of In the matter of a bankruptcy petition against A. B. of To the X Y. officer of this court [or where warrant issues from a county court, To the high bailiff and others the bailiffs of the said court] and all peace officers within the jurisdiction of the said court, and to the governor or keeper of the (here insert the prison). Whereas, by evidence taken upon oath, it hath been made to appear to the satisfaction of the court, that there is probable reason to suspect |