Creditors who have not yet proved their debts must forward their PART VII. proofs of debts to the trustee. CHAP. IX. Dated this day of 187 . Registrar. Examination of Bankrupt or Witness.]--"The Bankruptcy Rules, 1870," provide that Rule 207. "If the court shall in any case be of opinion that it would Sect. 19. be desirable that a person should be appointed to take down the evidence of the bankrupt, or of any witness examined at any public sitting or private meeting under the act, in shorthand or otherwise, it shall be competent for the court to make such an appointment; and every person so appointed shall be paid a sum not exceeding one guinea per day, and where the court appoints a shorthand writer a sum not exceeding eightpence per folio of ninety words of any transcript of the evidence that may be required, and such sums shall be paid by the party at whose instance the appointment was made, or out of the estate, as may be directed by the court." No. 45. Memorandum of Public Examination of Bankrupt. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of holden at In the matter of A. B. of Memorandum.-That I day of 1. the above-named bankrupt being sworn and examined, upon my oath say, that the statement of accounts filed on the 187 with the proceedings in the above matter containing sheets of paper, the first sheet whereof is marked with the letter A, is true, and that the said statement of accounts do contain and is a full and true disclosure and discovery of all my estate and effects both real and personal whatsoever and wheresoever. And I further say, that at the time of this my examination, I have delivered up to the trustee of my property, all such parts of my goods, wares, and merchandizes, money, estate and effects, and all books, papers, and writings relating thereto, as are now in my custody, possession, or power. And I further say that I have not removed, concealed, embezzled, or destroyed any part of my estate, real or personal, nor any books of accounts, papers or writings relating thereto, with an intent to defraud my creditors. [Here insert any special matter.] A. B. §3.-MISCELLANEOUS PROVISIONS RELATING TO THE BANKRUPT's DUTY IN ADMINISTERING THE PROPERTY. Superintendence of the Property, &c.]-"The Bankruptcy Act, 1869," enacts that Sect. 26. "The trustee may appoint the bankrupt himself to superin- Power to tend the management of the property or of any part thereof, or to carry rupt to allow bank PART VII. on the trade of the bankrupt (if any) for the benefit of the creditors, and CHAP. IX. in any other respect to aid in administering the property in such manner and on such terms as the creditors direct.' manage property. Post letters addressed to bankrupt. Sect. 52. Letters addressed to the Bankrupt.]-" The Bankruptcy Act, 1869," enacts that Sect. 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 postmastergeneral or the officers acting under him, to the trustee or otherwise as the court directs, and the same shall be done accordingly." No. 96. Order to Postmaster-General. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of holden at In the matter of A. B. of ]. Upon the application of G. H. of the trustee of the property of the above bankrupt, it is ordered that for a period of three months from [here insert the date of the order of adjudication] all post letters directed or addressed to the said bankrupt at [here insert only the place or places of which the bankrupt is described in such order of adjudication] shall be re-directed, sent, or delivered by the postmaster-general or officers acting under him to the said trustee at and that a sealed duplicate of this order be forthwith transmitted by the trustee to the postmaster-general, or officers acting under him. Given under the seal of the court this day of 187 . Registrar. Allowance to bankrupt for maintenance or service. Allowance to Bankrupt for Maintenance or for his Services.] "The Bankruptcy Act, 1869," enacts that Sect. 38. "The trustee, with the consent of the creditors, testified by a resolution passed in general meeting, may from time to time, during the continuance of the bankruptcy, make such allowance as may be approved by the creditors to the bankrupt out of his property for the support of the bankrupt and his family, or in consideration of his services if he is engaged in winding up his estate." Offences by Bankrupt.]—As to offences by and criminal proceedings against a bankrupt, see post, Chapter XIX.; as to absconding debtors, see ante, p. 239; and as to warrants and committal for contempt, see ante, pp. 205, 214. CHAPTER X. VARIOUS PROCEEDINGS INCIDENTAL TO BANKRUPTCY. § 1.-MEETINGS of Creditors SUBSEQUENT TO The first. § 2.-ACCEPTANCE OF COMPOSITION OR SETTLEment. § 3.-TRANSFEr of Proceedings. § 4.-TRIAL OF QUESTIONS OF FACT BY A JURY. § 5.-APPEAL IN BANKRUPTCY. § 6.-DEATH of the Bankrupt. § 7.-ANNULLING THE ADJUDICATION. HAVING in previous chapters treated of the essential stages in bankruptcy proceedings from their commencement to the examination of the bankrupt, and also of the general duties of the trustee, and also those of the bankrupt, it will be convenient, before proceeding to treat in detail of the effect of bankruptcy on the property and its mode of distribution, to dispose of several matters, all of which may, and some frequently do, occur in the course of a bankruptcy between adjudication and the termination of the proceedings, but none of which are nevertheless absolutely necessary accompaniments. This chapter, therefore, will be devoted to these various incidental steps. § 1.-MEETINGS OF CREDITORS SUBSEQUENT TO THE FIRST. The directions of the act with respect to the first meeting of creditors have been already mentioned. Besides this first meeting provision is made for other meetings. The trustee is expressly authorized to summon from time to time general meetings of the creditors for the purpose of ascertaining their wishes. So also the court may from time to time during the continuance of a bankruptcy summon general meetings of the creditors for the purpose of ascertaining their wishes, and may, if the court thinks fit, direct the registrar to preside at such meetings (a). (a) "The Bankruptcy Act, 1869," s. 20, ante, pp. 279, 280. PART VII. Sect. 20. Sect. 20. Rule 11. With respect to such last-mentioned meeting, "The Bankruptcy Rules, 1870," provide that : : Rule 11. "Where the court orders a general meeting of creditors to be summoned under section 20 of the act, it shall be summoned as the court directs, and in default of any direction the registrar shall transmit a sealed copy of the order to the trustee fourteen days at least before the time appointed for the meeting to take place, and the trustee shall ten days before such meeting, send a copy of the order to each creditor, at the address given in his proof, or when he shall not have proved, the address given in the list of creditors by the bankrupt, or such other address as may be known to the trustee." No. 30. Order of Court for General Meeting of Creditors. In the London Bankruptcy Court [or the county court of holden at j. In the matter of A. B. of a bankrupt. Whereas upon the application of C. D. of [leave out these words if court order meeting without an application, and begin, At a court holden this day], it is ordered that the trustee of the property of the bankrupt do summon a meeting of the creditors of the bankrupt, to be held at in the day of 187 at on the o'clock noon [here state the purpose for which meeting called], [and that the registrar [or E. F., one of the registrars] of this court do preside at such meeting]. Given under the seal of the court this day of 187 By the court Registrar. Regulations meetings of creditors subsequent ing. "The Bankruptcy Act, 1869," enacts that Sect. 21. "The provisions of this act with respect to the first general as to general meeting of creditors shall apply to any subsequent general meeting of creditors in a bankruptcy, with this exception, that subsequent meetings of creditors may be summoned by the trustee, or by a member of the to first meet- committee of inspection, and that such meetings may, unless otherwise directed by the court in the case of meetings summoned by the court, be presided over by any person chosen by the creditors assembled at such meeting, and that any creditor whose debt has been proved, or the value of whose debt has been ascertained at or subsequently to such first meeting, shall be allowed to be present and to vote thereat." Sect. 21. "The Bankruptcy Rules, 1870," provide that— Rule 95. "Where a meeting of creditors is summoned by a trustee it shall be summoned by the trustee transmitting to each creditor at the address given in his proof, or when he shall not have proved, the address given in the list of creditors by the bankrupt, or such other address as may be known to the trustee, seven days before the meeting is to be held, a notice setting forth the time and place at which it is to be held and the purpose for which it is summoned." Rule 97. "Wherever a meeting of creditors is called by notice, the proceedings had, and resolutions come to at such meeting, shall be valid, notwithstanding that some creditors shall not have received the notice sent to them, unless otherwise ordered by the court." СНАР. Х. Rule 98. "An affidavit by a trustee, or an officer of the court, or by PART VII. any clerk of either, that letters have been put into a post office, shall be sufficient evidence of such notices having been duly sent to the persons to whom the same purport to have been addressed.' " Rule 102. "The costs of summoning a meeting of creditors by any person other than the trustee shall be paid by the person at whose instance it is summoned, to be repaid to him out of the estate if the trustee, or the committee of inspection, or the court shall so direct.” "The Bankruptcy Act, 1869," enacts that attending Sect. 110. "Where a registrar under the authority of this act attends Expenses of at any place for the purpose of presiding at a meeting of creditors, or of registrar receiving proofs, or of otherwise acting under this act, his travelling meetings, &c. and incidental expenses incurred in so doing, and those of any clerk or officer attending him, shall, after being settled by the court, be paid out of the bankrupt's property, if sufficient, and otherwise shall be deemed part of the expenses of the court." § 2.-ACCEPTANCE OF COMPOSITION OR SETTLEMENT. "The Bankruptcy Act, 1869," enacts that— accept com scheme of Sect. 28. "The trustee may, with the sanction of a special resolution Power of of the creditors assembled at any meeting of which notice has been trustee to given specifying the object of such meeting, accept any composition position or offered by the bankrupt, or assent to any general scheme of settlement general of the affairs of the bankrupt upon such terms as may be thought expe- arrangement. dient, and with or without a condition that the order of adjudication is to be annulled, subject nevertheless to the approval of the court, to be testified by the judge of the court signing the instrument containing the terms of such composition or scheme, or embodying such terms in an order of the court. "Where the annulling the order of adjudication is made a condition of any composition with the bankrupt or of any general scheme for the liquidation of his affairs, the court, if it approves of such composition or general scheme, shall annul the adjudication on an application made by or on behalf of any person interested, and the adjudication shall be annulled from and after the date of the order annulling the same. The provisions of any composition or general scheme made in pursuance of this act may be enforced by the court on a motion made in a summary manner by any person interested, and any disobedience of the order of the court made on such motion shall be deemed to be a contempt of court. The approval of the court shall be conclusive as to the validity of any such composition or scheme, and it shall be binding on all the creditors so far as relates to any debts due to them and provable under the bankruptcy." No. 55. Notice in Gazette of Meeting to authorize the Trustee to accept a Composition. In the London Bankruptcy Court [or the county court of holden at day of A meeting of the creditors of A. B., of rupt on the adjudicated a bank 187 will be held at Sect. 28. |