PART VII. CHAP. XII. No. 95. Warrant to apprehend a Person summoned under Sect. 96. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of holden at To X. Y., and his assistants of this court [or where warrant issues from a county court, to the high bailiff and others the bailiffs of the said court]. Whereas by summons or subpoena dated the o'clock in the day of ], he was day of noon at this court, to be examined; and which said summons or subpoena was afterwards, on the day of 187 as hath been proved upon oath, duly served upon the said and a reasonable sum was tendered him for his expenses. And whereas the said having no lawful impediment made known to or allowed by this court hath not appeared before me as by the said summons or subpoena he was required, but therein has wholly made default. These are therefore to will, require, and authorize you and every of you to whom this warrant is directed, immediately upon receipt hereof, to take the said and bring him before this court on the in order to his being examined as aforesaid, and for your so doing this shall be your sufficient warrant. day of Given under the seal of the court this 187 . day of By the court, Registrar. Order of court for payment of amount admitted on examination. "The Bankruptcy Act, 1869," enacts that Sect. 98. "If any person on examination before the court admit he is indebted to the bankrupt, the court may, on the application of the trustee, order him to pay to the trustee, at such time and in such manner as to the court seems expedient, the amount admitted, or any part thereof, either in full discharge of the whole amount in question or not, as the court thinks fit, with or without costs of the examination." Sect. 98. No. 43. Admission of Debt by Debtor of Bankrupt. "The Bankruptcy Act, 1869.” In the London Bankruptcy Court [or the county court of holden at 1. indebted to the said bankrupt in the sum of pounds, upon the balance of accounts between myself and the said bankrupt. C. D., Registrar. J. K. No. 44. Order to pay admitted Debt. "The Bankruptcy Act, 1869." In the London Bankruptcy Court [or the county court of holden at ]. , a bankrupt. In the matter of A. B., of Whereas J. K. of in his examination taken this day, and signed and subscribed by him, has admitted that he is indebted to the said bankrupt in the sum of pounds, on the balance of accounts between him and the bankrupt; it is ordered that the said J. K. do pay to the trustee of the property of the bankrupt, in full discharge of the sum so admitted, the sum of pounds forthwith [or if otherwise, slate the time and manner of payment], and do further pay to the said pounds for costs. Given under the seal of the court this trustee the sum of day of PART VII. CHAP. XII. Sect. 98. 187 . By the court, § 7.-SEIZURE OF PROPERTY BY Warrant. "The Bankruptcy Act, 1869," enacts that any other bankrupt. Sect. 99. "Any person acting under warrant of the court may seize Seizure of any property of the bankrupt divisible amongst his creditors under this property of act, and in the bankrupt's custody or possession, or in that of person, and with a view to such seizure may break open any house, building, or room of the bankrupt where the bankrupt is supposed to be, or any building or receptacle of the bankrupt where any of his property is supposed to be; and where the court is satisfied that there is reason to believe that property of the bankrupt is concealed in a house or place not belonging to him, the court may, if it thinks fit, grant a search warrant to any constable or prescribed officer of the court, who may execute the same according to the tenor thereof." No. 71. Search Warrant. "The Bankruptcy Act, 1869.” In the London Bankruptcy Court [or the county court of Whereas by evidence duly taken upon oath it hath been made to appear to the court that there is reason to suspect and believe that property of the said bankrupt is concealed in the house [or other place, describing it as the case may be] of one X. M. of in the county of such house [or place] not belonging to the said bankrupt. These are therefore to require you to enter in the daytime into the house [or other place, describing it] of the said X. M. situate at aforesaid, and there diligently to search for the said property, and if any property of the said bankrupt shall be there found by you on such search, , Sects. 76 and 79. Rule 176. PART VII. that you seize the same, to be disposed of and dealt with according to the provisions of the said act. CHAP. XII. Given under the seal of the court this day of 187 . Registrar. Sect. 96. Rule 166. To the X. Y. officer of this court and his No. 72. Warrant of Seizure. "The Bankruptcy Act, 1869.” In the London Bankruptcy Court [or the county court of a bankrupt. day of holden at In the matter of A. B., of Whereas on the 187, an order of adjudication was made against the said bankrupt :-These are therefore to require you, forthwith to enter into and upon the house and houses, and other the premises of the said bankrupt, and also in all other place and places belonging to the said bankrupt where any of his goods and monies are or are reputed to be; and there seize all the ready money, jewels, plate, household stuff, goods, merchandise, books of accounts, and all other things whatsoever, belonging to the said bankrupt except his necessary wearing apparel, bedding and tools, as excepted by the said statute in that behalf. And that which you shall so seize you shall safely detain and keep in your possession until you shall receive other orders in writing for the disposal thereof from the trustee; and in case of resistance or of not having the key or keys of any door or lock of any premises belonging to the said bankrupt where any of his goods are or are suspected to be, you shall break open, or cause the same to be broken open for the better execution of this warrant. Given under the seal of the court this To the X. Y. officer of this court, and to his 187 . day of Registrar. § 8.-SALE AND MORTGAGE OF PROPERTY. The trustee has express power "to sell all the property of the bankrupt (including the goodwill of the business, if any, and the book debts due or growing due to the bankrupt) by public auction (k), or private contract, with power, if he thinks fit, to transfer the whole thereof to any person or company or to sell the same in parcels" (1), and with the sanction of the committee of inspection he may mortgage or pledge any part of the property of the bankrupt for the purpose of raising money for the payment of his debts (m). (k) As to when the trustee is an (m) Sect. 27, sub-sect. (1), ante, p. 283. See also the same section as to reference of disputes to arbitration and to make compromises. § 9.-TAKING ACCOUNTS OF PROPERTY MORTGAged or PledgeD, PART VII. AND OF THE SALE THEReof. "The Bankruptcy Rules, 1870," contain the following provisions relating to "Taking accounts of property mortgaged or pledged, and of the sale thereof:" Rule 78. "Upon application by motion by any person claiming to be a mortgagee of, or to have security over any part of the bankrupt's estate or effects, real or personal, and whether such mortgage or security shall be by deed or otherwise, and whether the same shall be of a legal or equitable nature, the court will proceed to inquire whether such person is such mortgagee, or is entitled to such security, and for what consideration and under what circumstances; and if it shall be found that such person is such mortgagee, or is entitled to such security, and no sufficient objection shall appear to the title of such person to the sum claimed by him, under such mortgage or security, the court will then proceed to take an account of the principal, interest, and costs due upon such mortgage or security, and of the rents and profits, or dividends, interest, or other proceeds received by such person, or by any other person by his order or for his use, in case he shall have been in possession of the property over which the mortgage or security shall extend, or any part thereof, and the court will then direct notice to be given in such public papers as it shall think fit, when and where, and by whom and in what way the said premises or property, or the interest therein so mortgaged, or over which the security shall so extend, are to be sold, and that such sale be made accordingly, and that the trustee (unless it be otherwise ordered) shall have the conduct of such sale; but it shall not be imperative on any such mortgagee to make such application." Rule 79. All proper parties shall join in the conveyance to the purchaser, where necessary, as the court shall direct." Rule 80. "The monies to arise from such sale shall be applied in the first place in payment of the costs, charges, and expenses of the trustee, of and occasioned by the application to the court, and of and attending such sale, and then in payment and satisfaction so far as the same shall extend of what shall be found due to such mortgagee, or person so having security, for principal, interest, and costs, and that the surplus of the said monies (if any) be paid to the trustee. But in case the monies to arise from such sale shall be insufficient to pay and satisfy what shall be so found due to such mortgagee or person so having security, then he shall be entitled to prove as a creditor for such deficiency, and receive dividend thereon rateably with the other creditors, but so as not to disturb any dividend or dividends then already made." Rule 81. "For the better making such inquiry and taking such account, and making a title to the purchaser, all parties may be examined by the court upon interrogatories or otherwise as it shall think fit, and shall produce before the court upon oath all deeds, papers, and writings in their respective custody or power, relating to the estate or effects of the bankrupt, as the court shall direct." CHAP. XIT. Description of debts proveable in bankruptcy. CHAPTER XIII. PROOF OF DEBTS. §1.-DESCRIPTION OF DEBTS PROVEABLE. §2.-PROOF IN CASE OF MUTUal Credits, Debts and Dealings. §3.-PROOF BY SECURED Creditors. § 4.-PROOF IN THE CASE OF RENT AND PAYMENTS DUE AT STATED PERIODS. § 5.-PROOF WHERE PERSONS INJURED BY DISCLAIMER OF ONE- § 6.-PROOF AGAINST SEPARATE ESTATES. § 1.-DESCRIPTION OF Debts proveable. "The Bankruptcy Act, 1869," enacts that— Sect. 31. "Demands in the nature of unliquidated damages arising otherwise than by reason of a contract or promise shall not be proveable in bankruptcy, and no person having notice of any act of bankruptcy available for adjudication against the bankrupt shall prove for any debt or liability contracted by the bankrupt subsequently to the date of his so having notice. "Save as aforesaid, all debts and liabilities, present or future, certain or contingent, to which the bankrupt is subject at the date of the order of adjudication, or to which he may become subject during the continuance of the bankruptcy by reason of any obligation incurred previously to the date of the order of adjudication, shall be deemed to be debts proveable in bankruptcy, and may be proved in the prescribed manner before the trustee in the bankruptcy. "An estimate shall be made according to the rules of the court for the time being in force, so far as the same may be applicable, and where they are not applicable at the discretion of the trustee, of the value of any debt or liability proveable as aforesaid, which by reason of its being subject to any contingency or contingencies, or for any other reason, does not bear a certain value. Any person aggrieved by any estimate made by the trustee as aforesaid may appeal to the court, and the court may, if it think the value of the debt or liability incapable of being fairly estimated, make an order to that effect, and upon such order being made such debt or liability shall, for the purposes of this act, be deemed to be a debt not proveable in bankruptcy, but if the court think that the value of the debt or liability is capable of being fairly estimated it may direct such value to be |