Bankruptcy Act 1887 No 30a (NSW)

No. XIX.

An Act to amend and consolidate the Law relating to Insolvency and Bankruptcy, and to provide for the due collection,

administration, and distribution of Insol­

vent and Bankrupt Estates, and for the prevention of frauds affecting the same. [13th December, 1887.]

BE it enacted by the Queen's Most Excellent Majesty, by and with Assembly of New South Wales in Parliament assembled, and by the the advice and consent of the Legislative Council and Legislative authority of the same, as follows :—

Preliminary.

1. This Act may be cited as the "Bankruptcy Act, 1 8 8 7 , " and

shall commence and come into operation on the first day of January, one thousand eight hundred and eighty-eight, and its sections shall be arranged as follows :—

PART I.—PROCEEDINGS FROM ACT OF BANKRUPTCY TO DISCHARGE

OF BANKRUPT.

Sections 1-3—Preliminary.
Section 4—Acts of Bankruptcy.
Sections 5-12—Sequestration Order.
Sections 13-18—Proceedings consequent on Order.
Sections 19-20—Composition or Scheme of arrangement.

Sections 21-26—Creditors Trustees and Committee of

Inspection.

Sections 2 7 - 3 3 — Control over person and property of

Bankrupt.

Sections 31-36—Release of Estate.

Sections 80-81—Remuneration of Trustees or Assignees.
Section 85—Official name.
Sections 86-90—Appointment and Removal.
Sections 91-101—Control over Assignees and Trustees. PART

Sections 37-44—Bankrupt's certificate.

PART II.—ADMINISTRATION OF PROPERTY.

Sections 15-47—Proof of Debts.
Sections 18-50—Preferential Debts.
Sections 51-52—Property available for payment of debts.

Sections 53-58—Effect of bankruptcy on antecedent transac­

tions.

Sections 59-66—Realisation of Property.

Sections 67-79—Distribution of Estate.

PART III.—CREDITORS TRUSTEES AND OFFICIAL ASSIGNEES.

P A R T IV.—PROCEDURE.

Sections	1 0 2 - 1 0 8 .
P A R T V.—APPLICATION OF ACT.
Sections	1 0 9 - 1 2 0 .
P A R T VI.—INDICTABLE OFFENCES.
Sections	1 2 1 - 1 2 6 .

P A R T VII.—JURISDICTION.

Sections 127-135—Creation of Bankruptcy Division of

Supreme Court.

Sections 136-113—Officers of the Court.

P A R T VIII.—MISCELLANEOUS PROVISIONS.

2. ( 1 ) The enactments described in the Fourth Schedule are

hereby repealed as from the commencement of this Act to the extent

mentioned in that Schedule.

(2) The repeal effected by this Act shall not affect—

(a)	Anything done or suffered before the commencement of this Act under any enactment repealed by this Act; nor
(b)	Any right or privilege acquired, or duty imposed, or liability or disqualification incurred, under any enactment so repealed; nor
(c)	Any fine, forfeiture, or other punishment incurred or to be incurred in respect of any offence committed or to be com­ mitted against any enactment so repealed; nor
(d)	The institution or continuance of any proceeding or other remedy, whether under any enactment so repealed, or other­ wise, for ascertaining any such liability or disqualification, or enforcing or recovering any such fine, forfeiture, or punish­ ment, as aforesaid.

(3 ) Notwithstanding the repeal effected by this Act the

proceedings under any order of sequestration or composition with
creditors under the several enactments described in the Fourth

Schedule, ponding at the commencement of this Act, shall, except so far as any provision of this Act is expressly applied to pending proceedings continue, and all the provisions of the said enactments shall, except as aforesaid apply thereto, as if this Act had not passed.

Interpretation.

3 .    ( 1 ) In this Act, unless the context otherwise requires :—

" The Judge" means the Judge having jurisdiction in bankruptcy under this Act:

" Affidavit" includes statutory declarations, affirmations, and attes­ tations on honour:
" Available Act of bankruptcy" means any Act of bankruptcy
available for a bankruptcy petition at the date of the presen­

tation of the petition on which the sequestration order is made:

" Bankruptcy"

" Bankruptcy" includes a composition or arrangement made under the provisions of this Act:

" Bankrupt" includes a compounding or arranging debtor under the provisions of this Act:

" Debt provable in bankruptcy" or "provable debt" includes any debt or liability by this Act made provable in bankruptcy:

" General rules" include forms :
" Goods" include all chattels personal:
" The Court" means the Supreme Court of New South Wales :

" Local Bank" means any bank in or in the neighbourhood of the

district in which the proceedings are taken :

" Oath" includes affirmation, statutory declaration, and attestation

on honour:

" Ordinary resolution" means a resolution decided by a majority in value of the creditors present, personally or by proxy, at a meeting of the creditors and voting on the resolution :

" Person " includes a body of persons corporate or unincorporate : " Prescribed" means prescribed by general rules within the mean­

ing of this Act:

" Property" includes money, goods, things in action, land, and every description of property, whether real or personal and whether situate in New South Wales or elsewhere; also, obligations, present or future, vested or contingent, arising out of or incident to property as above defined :

" Resolution " means ordinary resolution :

" Secured creditor " means a person holding a mortgage charge or

lien on the property of the debtor, or any part thereof.

" Schedule " means Schedule to this Act:
"Sheriff" includes any officer charged with the execution of a writ or other process :

" Special Resolution " means a resolution decided by a majority in number and three-fourths in value of the creditors \ resent, personally or by proxy, at a meeting of creditors and voting on the resolution:
The term " Trustee" shall in all cases where not inconsistent

with the context include the official assignee when he fills

the office of trustee.

(2) The Schedules to this Act shall be construed and have

effect as part of this Act.

PART

PART I.

PROCEEDINGS FROM ACT OF BANKRUPTCY TO BANKRUPT'S

EXAMINATION.

Acts of Bankruptcy.

4. ( 1 ) A debtor commits an act of bankruptcy in each of the

following cases: —

(a)	If in New South Wales or elsewhere he makes a conveyance or assignment of his property to a trustee or trustees for the benefit of his creditors generally :
(b)	If in New South Wales or elsewhere he makes a conveyance, gift, delivery, assignment or transfer of his property, or of any part thereof, with intent to defeat or delay his creditors, or any of them.
(c)	If in New South Wales or elsewhere he makes any conveyance or transfer of his property or any part thereof, or creates any charge thereon which would under this or any other Act be void as a fraudulent preference if a sequestration order were made against him.
(d)	If with intent to defeat or delay his creditors he does any of the following things, namely, departs out of New South Wales, or being out of New South Wales remains out of New South Wales, or departs from his dwelling-house, or otherwise absents himself, or begins to keep house :
(e)	If execution issued against him has been levied by seizure and sale of his goods under process in an action in any Court, or in any civil proceeding in the Supreme Court, and if he has not within five days of such sale, satisfied the debt by payment or otherwise.
(f)	If he files in the Court a declaration of his inability to pay his debts or presents a bankruptcy petition against himself:
(g)	If a creditor has obtained a final judgment against him for any amount, and (execution thereon not having been stayed), has served on him in New South Wales, or, by leave of the Judge, elsewhere, a bankruptcy notice under this Act, requir­ ing him to pay the judgment debt in accordance with the terms of the judgment, or to secure or compound for it to the satisfaction of the creditor or the Judge, and he docs not, within the time limited in that behalf by the order giving

leave to effect the service, either comply with the require­ ments of the notice, or satisfy the Judge that he has a counter-claim, set-off, or cross demand which equals or exceeds the amount of the judgment debt, and which he could not set up in the action in which the judgment was obtained.

(h) If the debtor gives notice to any of his creditors that he has suspended, or that he is about to suspend, payment of his debts.

(i)  If he has been adjudged bankrupt or insolvent by a British Court of competent jurisdiction in or out of New South Wales and has not received a certificate of discharge or other corres­ ponding release—of any of which facts a copy of the order or orders or certificate or release made or given by such Court certified under its seal shall be sufficient evidence.

(j) If he has not presented a bankruptcy petition against himself or filed in the Court a declaration of his inability to pay his debts within forty-eight hours after having at a convened

meeting

meeting of his creditors admitted that he is unable to pay his debts and been thereupon required by a majority in number of his creditors present to present such petition or file such declaration.

(2) A bankruptcy notice under this Act shall be in the form prescribed in the Fifth Schedule hereto and shall state the conse­ quences of non-compliance therewith and shall be served in the manner prescribed by the rules of Court for the time being in force, it shall be under the hand of the Registrar and may be granted upon the appli­ cation of the creditor claiming to be entitled thereto.

(3) Upon the debtor satisfying the Judge that such notice

ought not to have issued the Judge may order the payment to him by the creditor applying for such notice of all the costs occasioned by the issue thereof, and if satisfied that the notice was issued maliciously and without reasonable and probable cause may at the request of the debtor assess the damages occasioned thereby.
(4) Upon security being given by the debtor for payment of the debt and the cost of establishing it, the Judge may stay all proceedings on the notice, and may stay execution on the judgment in respect of which such notice was issued, for such a time, in either case, as he thinks fit.

(5) Upon the affidavit of any creditor who would be entitled to present a bankruptcy petition that a debtor, being a trader, has committed an act of bankruptcy and is diminishing his assets to the prejudice of his creditors, whether voluntarily or for consideration, by conveyance, gift, delivery, assignment, pledge, mortgage, transfer, or execution upon a collusive judgment, the Judge may grant an in­ junction restraining such debtor and all other persons from disposing of or dealing with such assets or any part thereof until the hearing of the bankruptcy petition against such debtor. Provided that before such injunction be granted the creditor applying shall give security to the satisfaction of the Registrar to present a bankruptcy petition forth­ with, and to be responsible for all damages which may be occasioned by issuing such injunctions.

Sections 5 to 12—Sequestration Order.

5. (I) Subject to the conditions hereinafter specified, if a debtor
commits an act of bankruptcy the Judge may, on a bankruptcy petition

being presented either by a creditor or by the debtor, make an order,

in this Act called a sequestration order. (II When a sequestration order has been made, the debtor
thereby becomes a bankrupt, and continues a bankrupt until a certifi­

cate of discharge has been issued to him or the order for sequestration
be discharged or annulled in manner hereinafter provided.

6. A creditor shall not be entitled to present a bankruptcy petition against a debtor unless—

(a)	The debt owing by the debtor to the petitioning creditor, or, if two or more creditors join in the petition, the aggregate amount of debts owing to the several petitioning creditors, amounts to fifty pounds, and
(b)	The debt is a liquidated sum, payable either immediately or at some certain future time, whether due at law or in equity, and
(c)	The act of bankruptcy in which the petition is grounded has occurred within six months before the presentation of the petition. Provided that, if the alleged act of bankruptcy is one of those mentioned in sub-section (i) of section four, the petition may be presented within three months after the alleged act came to the knowledge of the petitioning creditor, and

(d)

(d) The debtor is domiciled in New South Wales, or, within a year before the date of the presentation of the petition, has ordinarily resided or had a dwelling-house or place of business in New South Wales.

Provided that when the alleged act of bankruptcy is that set forth in sub-section (a), of section four, no sequestration order shall be made upon the petition of a creditor or creditors, if such creditor or creditors do not represent at least one-fifth in value of all the creditors.

7. If the petitioning creditor is a secured creditor, he must, in his petition, either state that he is willing to give up his security for the benefit of the creditors in the event of a sequestration order being made, or give an estimate of the value of his security. In the latter case, he may be admitted as a petitioning creditor to the extent of the balance of the debt due to him, after deducting the value so estimated, in the same manner as if he were an unsecured creditor.

8. (1) A creditor's petition shall be verified by affidavit of the creditor, or of some person on his behalf, having knowledge of the facts, and served in the prescribed manner.

(2) At the hearing the Judge shall require proof of the debt of the petitioning creditor, of the service of the petition, and of the act of bankruptcy, or, if more than one act of bankruptcy is alleged in the petition, of some one of the alleged acts of bankruptcy, and, if satisfied with the proof, may make a sequestration order in pursuance of the petition.

(3) If the bankrupt has made a conveyance or assignment of

his property to a trustee or trustees for the benefit of his creditors gene­ rally, the trustee or trustees under such assignment shall also receive the prescribed notice of the hearing and may appear and show cause for the dismissal of the petition; and if it shall appear to the Judge that it will be for the advantage of the creditors that the estate should be administered under the said deed such petition may be dismissed.

(4) If the Judge is not satisfied with the proof of the petitioning creditor's debt, or of the act of bankruptcy, or of the service of the prescribed notice of the petition, or is satisfied by the debtor that he is able to pay his debts, or that for other sufficient cause no order ought to be made, the Judge may dismiss the petition.

(5) If it appears to the Judge upon the hearing of the

petition that the petition was unfounded and vexatious or malicious, he may allow the respondent then, or at some other fixed time, to prove any damage sustained thereby, and may award such sum in respect	thereof, not exceeding two hundred pounds, as the Judge shall deem fit.	Provided that nothing herein shall affect the right of the respondent
to sue the petitioner for damages beyond the amount awarded by the Judge.

(6) When the act of bankruptcy relied on is non-com­

pliance with a bankruptcy notice to pay, secure, or compound for a judgment debt, the Judge may, if he thinks fit, stay or dismiss the petition on the ground that an appeal from the judgment or a motion for a new trial is pending.

(7) Where the debtor appears on the petition, and denies that he is indebted to the petitioner or that he is indebted to such an amount as would justify the petitioner in presenting a petition against him, the Judge, on such security (if any) being given as the Judge may require for payment to the petitioner of any debt which may be established against the debtor in due course of law, and of the costs of establishing the debt, may instead of dismissing the petition stay ail proceedings on the petition for such time as may be required for trial of the question relating to the debt.

(8)

(8) Where proceedings are stayed, the Judge may, if by reason of the delay caused by the stay of proceedings or for any other cause he thinks just, make a sequestration order on the petition of some other creditor, and shall thereupon dismiss, on such terms as he thinks just, the petition in which proceedings have been stayed as aforesaid.

(9) A creditor's petition shall not, after presentment, be

withdrawn without the leave of the Judge.

(10) Where a petition is withdrawn, or discharged, or where proceedings upon a petition are stayed in consequence of the petitioning creditor's default, or his collusion with the bankrupt, the Judge within six months after such withdrawal or discharge or stay of proceedings may on the petition of any other creditor or creditors, whose debt or debts existed at the date of the service of the said petition, direct that a sequestration order shall be made.

(11) If any person against whom a sequestration order has been made pays any money to any petitioning creditor or to any one on his behalf, or gives to such creditor any security for his debt or part
thereof, such payment, gift, or security shall be a new act of bankruptcy,
and the person receiving such money, gift, or security shall deliver up such security and repay or deliver the money or gift or its full value to the assignee for the benefit of the creditors, and shall pay all the costs incurred by any other creditor in obtaining a sequestration order upon such act of bankruptcy.

9. (1) A debtor's petition shall allege that the debtor is unable to pay his debts, and upon the presentation thereof the Judge or Registrar shall make a sequestration order.

(2) A debtor's petition shall not, after presentment, be

withdrawn without leave of the Judge or Registrar.

10. (1) A sequestration order shall vest in one of the official assignees to be named in such order, absolutely or for such estate and interest as the bankrupt had therein, all the real and personal property of the bankrupt, which belonged to, was vested in, or was due to such bankrupt, or to which he was in any manner entitled at the time when the act of bankruptcy was committed upon which the bankruptcy petition was founded against the bankrupt (or, if such petition was founded upon more than one act of bankruptcy at the time when the first of such acts was committed), and such order shall also vest as aforesaid in such official assignee all the real and personal estate, which, since the time when such act of bankruptcy (or, if more than one act, then the earliest of such acts) was committed, has been, shall	have been, or shall be purchased by the bankrupt, or which has or	shall have reverted, descended, or come to the bankrupt, or which shall
revert, descend, or come to the bankrupt during the continuance of his bankruptcy.
(2) After a sequestration order has been made except as directed by this Act, no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings unless with the leave of the Judge and on such terms as the Judge may impose.

(3) But this section shall not affect the power of any

secured creditor to realise or otherwise deal with his security in the same manner as he would have been entitled to realise or deal with it if this section had not been passed.

(4) The Judge may at any time after the presentation of

a bankruptcy petition, upon such conditions as he shall think fit, stay any action, execution, or other legal process against the property or person of the debtor, and may discharge him out of custody ; and any Court in which proceedings are pending against a debtor may, on

proof

proof that a bankruptcy petition has been presented by or against the debtor, cither stay the proceedings or allow them to continue on such terms as it may think fit.

(5) where a Judge makes an order staying any action or

proceeding, or staying proceedings generally, the order may be served by sending a copy thereof, under the seal of the Court, by prepaid post letter or by leave of the Judge by telegram to the address for service of the plaintiff or other party prosecuting such proceeding.

(6) All actions or proceedings at law or in equity commenced

by any person, against whom a sequestration order shall afterwards be made, shall, upon such order being made, be stayed, until the official assignee or trustee shall make election to prosecute or discontinue the same, and such official assignee or trustee shall be bound to make such election within four weeks after notice to that effect shall be served upon him by any defendant or party in such action or proceedings, or otherwise shall be deemed to have abandoned the same. Provided that any bankrupt shall be permitted to continue in his own name and for his own benefit any action or proceedings commenced by him previous to his bankruptcy for any personal injury or wrong done to himself or to any of his family.
1 1 . The Registrar shall forthwith publish in the Gazette a notice of every sequestration order and also send a like notice to the Registrar General who shall make a note of the same in every index and registered instrument kept in his office for public inspection. The Registrar shall also send notice of every such order and notice of the issue of any debtor's summons to the Sheriff who shall forthwith register the same respectively in his office.

12 . Where a creditor entitled to present a bankruptcy petition

is absent from the Colony, his agent, if authorized to recover his debts or effects, may present the petition and make the proof required in lieu of such creditor. Provided that the person, whom it is sought to make bankrupt, shall have, in addition, the same rights and remedies in every such case against such agent, as he has against the person, in whose name such proceeding is taken, and all notices, summonses, orders, and documents may be served upon such agent and shall have the same effect as if served upon the creditor.

Sections 1 3 to 18—Proceedings consequent on Order.

1 3 . ( 1 ) At any time after the making of a sequestration

order the official assignee of a debtor's estate may, on the appli­	cation of any creditor or creditors, and if satisfied that the nature
of the debtor's estate or business, or the interests of the creditors generally, require the appointment of a special manager or receiver of the estate or business or any part thereof, other than the official assignee, appoint a manager or receiver thereof accordingly, to act until a trustee is appointed, or so long as the creditors may by resolution require.

(2) Every such special manager or receiver shall, for all the

purposes of obtaining and retaining possession of the property or business of the debtor, be in the same position in all respects, as a receiver and manager appointed by the Supreme Court in its equitable jurisdiction, and the Judge may enforce such acquisition or retention accordingly.

(3) Every person aggrieved by any act of a receiver or

manager, may apply to the Judge who may confirm or disallow the act complained of and make such order in the premises as shall be just.

(4) Such special manager or receiver shall receive such

remuneration as the creditors may by resolution determine, or in
default of any such resolution, as may be prescribed.

14. (1) Where a sequestration order is made against a debtor, he shall make out and lodge in Court, and furnish to the official assignee, a copy of a statement of and in relation to his affairs in the prescribed form verified by affidavit, and showing the particulars of the debtor's assets, debts, and liabilities, the names, residences, and occupations of the debtors to his estate and of his creditors, the amounts due by and to each, and the securities given or held by them respectively, the dates when such debts and securities arose and were granted, and such further or other information as may be prescribed or as the official assignee may require.

(2) The statement shall be so submitted within the follow-

ing times, namely:

(a)	If the order is made on the petition of the debtor, upon the making of the sequestration order.
(b)	If the order is made on the petition of a creditor, within seven days from the date of the service of the order.

But the Judge or Registrar may, in either case, for special reasons, extend the time.

(3) The bankrupt shall also deliver to the official assignee all books of account, vouchers, and other documents and writings in the possession or power of such bankrupt relating to his estate and deal­ ings, and shall at all times as far as lies in his power assist the official assignee, trustee, and manager in the collection and realisation of the assets.

(4) If the bankrupt fails without reasonable excuse to comply with the requirements of this section the Judge may on the application of the official assignee or of any creditor adjudge him guilty of contempt of Court and punish him accordingly.

(5) Any person stating himself in writing to be a creditor of the bankrupt may, personally or by agent, inspect this statement at all reasonable times, and take any copy thereof or extract therefrom, but any person untruthfully so stating himself to be a creditor shall be guilty of contempt of Court, and shall be punishable accordingly on the application of the official assignee or trustee.

15. (1) As soon as may be after the lodgment of the bankrupt's statement of affairs as aforesaid a general meeting of his creditors (in this Act referred to as the first meeting of creditors) shall be held at an advertised time and place.

(2) The debtor shall, unless prevented by sickness or other

sufficient cause, attend such meeting, and shall submit to such

examination and give such information as the meeting may require.

(3) With respect to the summoning of and proceedings at the first and other meetings of creditors, the rules in the First Schedule shall be observed.

(4) In the interpretation of the said rules the words first meeting shall include single meeting, except that such single meeting shall be presided over by the Judge or Registrar, anything in the said rules to the contrary notwithstanding.

16. At such first meeting the following business may be

transacted:

(1) The creditors may consider whether any and what proposal for a composition or scheme of arrangement shall be enter­ tained

(2) The creditors may determine whether the bankrupt shall be allowed to retain his household furniture and personal effects or some and what part thereof

(3) Subject to the assent or dissent of the creditors the official
assignee may allow the bankrupt to retain his tools in trade

and wearing apparel of himself and his wife and children

or

or some specified part thereof above the value of twenty pounds. Provided that no resolution allowing retention of any other portion of the estate shall have effect unless approved of by the Judge

(4) A trustee or committee of inspection may be appointed as hereinafter provided. Provided that other business may also be transacted at such meeting, and that the business specified in this section may be transacted at any other meeting as well as at the first meeting.

17. (1) If the estate of the bankrupt docs not appear to the official assignee to be of the value of two hundred pounds or upwards, there shall ordinarily be only a single meeting of creditors, which shall specially be so termed and be advertised accordingly.

(2) At such single meeting the bankrupt shall attend, and all such matters may be done and directions given, as are authorized to be done or given at any meeting of creditors where the value of the estate exceeds two hundred pounds, except such matters and directions as relate to an offer of composition or other arrangement of a bank­ rupt's affairs.

(3) At such single meeting the Judge or Registrar

presiding may forthwith rank the creditors, who have proved their debts, according to the legal order of preference, and the official assignee may forthwith collect and realize the assets accordingly.

(4) Within three months next following such meeting or

an adjournment thereof, or earlier if the Judge so directs, the official assignee shall frame an account of such assets and their proceeds with a plan of distribution for audit and approval, as in other cases.
(5) If the assets appear at a single meeting to exceed two hundred pounds other meetings may be summoned, and all proceedings and directions shall and may be given or taken as provided in the case of a bankruptcy where the estate exceeds two hundred pounds.

18. (1) Where the Judge makes a sequestration order he shall hold a public sitting, on a day to be appointed by him or by the Registrar, for the examination of the bankrupt, and the bankrupt shall attend thereat, and shall be examined as to his conduct, dealings, and property.

(2) The examination shall be held as soon as conveniently may be after the expiration of the time for the submission of the bankrupt's statement of affairs.

(3) The Judge may adjourn the examination from time to

time, and may direct such further examinations to be had from time to time as he may think fit at a date and place to be appointed by him or by the Registrar.

(4) Any creditor who has proved, or his representative

authorized in writing, may question the bankrupt concerning his affairs and the causes of his failure; and any creditor who has tendered a proof or his representative authorized in writing, may question the bankrupt upon any matters which may serve to establish his alleged claim to be counted as a creditor.

(5) The official assignee may take part in the examina­ tion of the debtor; and for the purpose thereof, if specially authorized by the creditors or the Registrar, may employ a solicitor with or without counsel.
(6) If a trustee is appointed before the conclusion of the examination he may take part therein, and if authorized by the creditors may employ a solicitor with or without counsel.

(7) The Judge or Registrar presiding may put such questions

to the debtor as he may think expedient.

(8)

(8) The bankrupt shall be examined upon oath, and it shall be his duty to answer all such questions as the Judge may put or allow to be put to him. The evidence shall be taken down in writing or in shorthand, and when transcribed, shall be read over to and signed by the bankrupt, before the Judge or Registrar, either at the same or at a future time, and it shall be open to the inspection of any creditor at all reasonable times.

(9) When the Judge is of opinion that the affairs of the bankrupt have been sufficiently investigated, he shall, by order, declare that his examination is concluded, but such order shall not be made until after the day appointed for the first meeting of creditors, and the Judge may at any time direct a further examination on being satisfied of its propriety.

Sections 19 to 20—Composition or Scheme of Arrangement.

19. (1) The creditors may at the first or any other meeting, by special resolution, resolve to entertain a proposal for a composition in satisfaction of the debts due to them from the bankrupt or a pro­ posal for a scheme of arrangement of the bankrupt's affairs.
(2) The composition or scheme shall not be binding on the creditors unless it is confirmed by a resolution passed by a majority in number representing three-fourths in value of all the creditors who have proved at a subsequent meeting of the creditors, and is approved by the Judge.

Any creditor who has proved his debt may assent to or dissent from such composition or scheme by a letter addressed to the official assignee in the prescribed form, and attested by a witness, so as to be received by such official assignee not later than two days preceding such subsequent meeting, and such creditor shall be taken as being present and voting at such meeting.
(3) The subsequent meeting shall be summoned by the official assignee by not less than seven days' notice, and shall not be held until after the public examination of the bankrupt is concluded. The notice shall state generally the terms of the proposal, and shall be accompanied by a report of the official assignee thereon.
(4) The bankrupt or the official assignee may, after the composition or scheme is accepted by the creditors, apply to the Judge to approve it, and notice of the time appointed for hearing the appli­ cation shall be given to each creditor who has proved.

(5) The Judge shall, before approving the composition or

scheme, hear a report of the official assignee as to the terms of the composition or scheme and as to the conduct of the debtor, and any objections which may be made by or on behalf of any creditor.

(6) If the Judge is of opinion that the terms of the com­ position or scheme are not calculated to benefit the general body of creditors, the Judge may, in his discretion, refuse to approve the composition or scheme.
(7) If the Judge approves the composition or scheme, the approval may be testified by the seal of the Court being attached to the instrument containing the terms of the composition or scheme, or by the terms being embodied in an order of the Judge.

(8) A composition or scheme accepted or approved in pursuance of this section shall be binding on all the creditors so far as relates to any debts due to them from the bankrupt and provable in bankruptcy.

(9) A certificate of the official assignee or registrar that a composition or scheme has been duly accepted and approved shall, in the absence of fraud, be conclusive as to its validity.

(10)

(10) The provisions of a composition or scheme under this section may he enforced by the Court, or a Judge thereof, on application by any person interested, and any disobedience of an order of the Court or Judge made on the application may be deemed a contempt of Court.

(11) If default is made in payment of any instalment due in pursuance of the composition or scheme, or if it appears to the Judge, on satisfactory evidence, that the composition or scheme cannot in consequence of legal difficulties, or for any sufficient cause, proceed without injustice or undue delay to the creditors or to the bankrupt, or that the approval of the Judge was obtained by fraud, the Judge may, if he thinks fit, on application by any creditor, annul the composition or scheme, but without prejudice to the validity of any sale, dis­ position, or payment duly made, or thing duly done under or in pursuance of the composition or scheme. And any debt provable in other respects, which has been contracted before the date of the seques­ tration order, shall be provable in the bankruptcy.

(12) If, under or in pursuance of a composition or scheme, a trustee is appointed to administer the debtor's property or manage his business, the provisions of Parts I I I and VII of this Act, so far as the nature of the case and the terms of the composition or scheme admit, shall apply to the trustee as if he were a creditor's trustee in a bankruptcy, and as if the terms "bankruptcy," and "bankrupt," included respectively a composition or scheme of arrangment, and a compounding or arranging debtor.

(13) No composition or scheme shall be approved by the Judge which docs not provide for the payment in priority to other debts of all debts directed to be so paid in the distribution of the property of a bankrupt.

(11) No composition or scheme shall be approved of by the Judge which docs not provide for payment to the creditors of seven shillings and sixpence in the pound, unless in opinion of the Judge the bankruptcy was caused by misfortune without any misconduct on the part of the debtor. Provided that if at any time after such approval the Judge shall be satisfied that such opinion was erroneous he may declare the creditors released from the terms of the composition, but no payment made in the meantime thereunder shall be disturbed.

(15) The acceptance by a creditor of a composition or

scheme shall not release any person who under this Act would not be

adjudged bankrupt.	able to obtain his certificate of discharge if the debtor had been
20. Notwithstanding the acceptance and approval of a com­ position or scheme, such composition or scheme shall not be binding on any creditor so far as regards a debt or liability from which, under the provisions of this Act, the debtor would not be discharged by an order of discharge in bankruptcy, unless the creditor assents to the composition or scheme.

Sections 21 to 26—Creditors Trustees and Committee of Inspection.

21. (1) Whether the creditors resolve to entertain a proposal for a composition or not they may at the first or any meeting elect such person or persons as they think tit, not exceeding two, to be trustees of the estate in place of or in addition to the official assignee.

(2) Every such trustee may be a creditor or may be one of

the official assignees.

(3) Instead of electing a trustee or trustees as aforesaid the creditors may by resolution leave his or their appointment to the committee of inspection hereinafter named.

B (4)

(4) When more persons than one are elected or appointed to the office of trustee, the creditors or the committee of inspection (as the case may he) may at any time declare whether any act or all acts required or authorized to he done by the trustees is or are to be done by all or any one or more of such persons, but all such persons are in this Act included under the term " trustee " (except where the context otherwise requires) as also is the official assignee in all cases in which he is elected a trustee.

(5) The creditors or the committee (as the case may be) may at the time of the original election or appointment or at any subsequent time elect or appoint persons to act as trustees in succession in the event of one or more of the persons first named declining to accept the office of trustee, or failing to give security or not being approved of by the Judge.

(6) Trustees shall be joint tenants of the property of the

bankrupt.

22. ( 1 ) Creditors may direct what security (if any) shall be given by every elected trustee and to whom for the due performance of the duties of his office.

(2) No trustee shall be appointed after the expiration of four weeks from the date of the sequestration order except by leave of the Judge.

23. ( 1 ) Upon the written acceptance by a trustee of his office and proof of his having given the security required of him the Judge may make an order confirming his election.

(2) No official assignee shall be required to give security

upon being elected trustee.

(3) Any creditor may object to the confirmation of the election of a trustee upon the ground that it was not made in good faith by a majority in number and value of the creditors voting, or that the majority in number and value of the creditors dissent from his appointment, or that the person appointed is not fit to act as trustee, or that his connection with or relation to the bankrupt or his estate or any particular creditor makes it difficult for him to act with impartiality in the interest of the creditors generally.

(4) If any such objection appears to the Judge to be frivolous the creditor making such objection may be ordered to pay the costs occasioned thereby.

(5) Notice of every confirmation or removal under this

section shall forthwith be published by the Registrar in the Gazette,

the production of such Gazette shall be evidence that the trustees named

have been duly elected and confirmed or removed as the case may be.
24. (1 ) Every order confirming the election of a trustee shall
divest the estate from the official assignee or from the trustee pre­
viously in office as the case may be, and shall vest the same in the trustee
or trustees so elected—or in the elected trustee or trustees and assignee
jointly—as the case may be, and whenever a new trustee is elected and
confirmed the order confirming such election shall vest in the new

trustee the estate and every right, title, and remedy vested in the former

trustee to the same extent as they were vested in the former trustee.

(2) The property of the bankrupt shall pass from trustee to trustee, and shall vest in the trustee or trustees for the time being during his or their continuance in office, without any conveyance, assignment, or transfer whatever.

(3) A sequestration order and the order of appointment of a trustee shall, for all purposes of any law in force in the Colony requiring registration, enrollment or recording of conveyances or assignments of property, be deemed to be a conveyance or assignment of property, and may be registered, enrolled, and recorded accordingly.

25. No defect or irregularity in the election of a trustee, or of a member of the committee of inspection shall vitiate any act done in

good faith, and no act of any trustee or of the committee shall be invalid by reason of any failure to elect a co-trustee or any of its members.

26. (1) The creditors, qualified to vote, may at their first or any subsequent meeting, by resolution, appoint from among the creditors qualified to vote, or the holders of general proxies or general
powers of attorney from such creditors, a committee of inspection for the purpose of superintending the administration of the bankrupt's
property. The committee of inspection shall consist of not more than
five or less than three persons.

(2) The committee of inspection shall meet at such times as they shall from time to time appoint, and failing such appointment, at least once a month ; and the official assignee or a trustee or any

member of the committee may also call a meeting of the committee
as and when he thinks necessary.

(3) The committee may act by a majority of their mem­

bers present at a meeting, but shall not act unless a majority of the

committee arc present at the meeting.

(4) Any member of the committee may resign his office

by notice in writing signed by him, and delivered to the official assignee

or trustee.

(5) If a member of the committee becomes bankrupt, or

compounds or arranges with his creditors, or is absent from five con­ secutive meetings of the committee, his office shall thereupon become vacant.

(6) Any member of the committee may be removed by an

ordinary resolution at any meeting of creditors of which seven days'

notice has been given, stating the object of the meeting.

(7) On a vacancy occurring in the office of a member of

the committee the official assignee or trustee shall forthwith summon
a meeting of creditors for the purpose of filling the vacancy, and the
meeting may, by resolution, appoint another creditor or other person

eligible as above to fill the vacancy.

(8) The continuing members of the committee, provided

there be not less than two such continuing members, may act notwith­ standing any vacancy in their body ; and where the number of mem­ bers of the committee of inspection is for the time being less than

five, the creditors may increase that number so that it do not exceed five.	Sections 27 to 33—Control over Person and Property of Bankrupt.
27. (1) Every bankrupt shall, unless prevented by sickness or other sufficient cause, attend the first meeting of his creditors, and shall also if required by the official assignee or a trustee or creditor, attend any and every other meeting or adjournment thereof, and shall submit to such examination and give such information as the meeting may require.
(2) He shall whenever required to do so bring with him, and give such information as may be required about any books of
account, vouchers, and other documents in writing in his possession, relating to his estate and dealings, and about his assets and about any particular in his statement of affairs.

(3) He shall wait at such times on the official assignee,

special manager, or trustee, execute such powers of attorney, convey­ ances, deeds, and instruments, and generally do all such acts and things in relation to his property and the distribution of the proceeds

amongst

amongst his creditors, as may be reasonably required by the official assignee, special manager, or trustee, or may be prescribed by general rules or bo directed by the Judge by any special order or orders made in reference to any particular case, or made on the occasion of any special application by the official assignee, special manager, trustee, or any creditor or person interested.

(4) He shall aid to the utmost of his power in the realisation
of his property, and the distribution of the proceeds among his creditors.
(5) If a bankrupt wilfully fails to perform any of the duties
imposed on him by this section, or to deliver up possession of any part of
his property, which is divisible amongst his creditors under this Act, and
which is for the time being in his possession or under his control, to
the official assignee or to the trustee, or to any person authorized by
the Judge to take possession of it, he shall, in addition to any other

punishment to which he may be subject, be guilty of a contempt of

Court, and may be punished accordingly.

28.   (1) The Judge may, by warrant addressed to the Sheriff or any

constable or prescribed officer of the Court, cause a debtor to be arrested, and any books, papers, money, and goods in his possession to be seized, and him and them to be safely kept as prescribed until such time as the Judge may order under the following circumstances :

(a)	If after a bankruptcy notice has been issued under this Act, or after presentation of a bankruptcy petition by or against him, it appears to the Judge that there is probable reason for believing that he is about to abscond with a view of avoiding payment of the debt in respect of which the bankruptcy notice was issued, or of avoiding service of a bankruptcy petition, or of avoiding appearance to any such petition, or of avoiding examination in respect of his affairs, or of other­ wise avoiding, delaying, or embarrassing proceedings in bankruptcy against him.
(b)	If, after presentation of a bankruptcy petition by or against him, it appears to the Judge that there is probable cause for believing that he is about to remove his goods with a view of preventing or delaying possession being taken of them by the official assignee or manager or trustee, or that there is pro­ bable ground for believing that he has concealed or is about to conceal or destroy any of his goods, or any books, documents, or writings, which might be of use to his creditors in the
course of his bankruptcy.
(c)	If, after service of the prescribed notice of a bankruptcy petition on him, he removes any goods in his possession above the value of five pounds, without the leave of the official assignee or trustee.
(d)	If, without good cause shown, he fails to attend any examina­ tion ordered by the Judge.

Provided that no arrest upon a bankruptcy notice shall be valid and protected unless the debtor before or at the time of his arrest shall be served with such bankruptcy notice.

(2) No payment or composition made or security given after arrest made under this section shall be exempt from the pro­ visions of this Act relating to fraudulent preferences.

29. Where a sequestration order is made against a debtor, the Judge, on the application of the official assignee or trustee, may, from time to time, order that for such time, not exceeding three months, as the Judge thinks fit, post letters addressed to the debtor at any place or places mentioned in the order for re-direction shall be re-directed, sent or delivered by the Postmaster-General, or the officers acting under him, to the official assignee, or the trustee, or otherwise as the Judge directs, and the same shall be done accordingly.

30.    (1) The Judge may, on the application of the official assignee

or trustee, at any time after a sequestration order has been made against a debtor, summon before him the bankrupt or his wife, or any person known or suspected to have in his possession any of the estate or effects belonging to the bankrupt, or supposed to be indebted to the bankrupt, or any person whom the Judge may deem capable of giving information respecting the bankrupt, his dealings or property, and the Judge may require any such person to produce any documents in his custody or power relating to the bankrupt, his dealings or property.

(2) If any person so summoned, after having been tendered a reasonable sum, refuses or neglects to come before the Judge at the time appointed, or refuses or neglects to produce any such document, having no lawful impediment made known to the Judge at the time of sitting and allowed by him, the Judge may, by warrant, cause him to be apprehended and brought up for examination.
(3) The Judge may examine on oath, or allow to be examined by the official assignee and trustee and any creditor, or by any solicitor or counsel on behalf of such assignee, trustee, or creditor, in such cases where a solicitor or counsel may be employed as provided by this Act, either by word of mouth or by written interrogatories, any person concerning the debtor, his dealings or property.

(4) If any person on examination before the Judge or in answer to interrogatories admits, or if by other evidence it is proved to the satisfaction of the Judge that he is indebted to the debtor, the Judge may, on the application of the official assignee or trustee, forthwith order him to pay to the assignee or trustee, at such time and in such manner as to the Judge seems expedient, the amount admitted, or any part thereof, either in full discharge of the whole amount in question or not, as the Judge thinks fit, with or without costs of the examination and order.

(5) If any person on examination before the Judge or in answer to interrogatories admits, or if by other evidence it is proved to the satisfaction of the Judge that he has in his possession any property belonging to the debtor, the Judge may, on the application of the official assignee or trustee, forthwith order him to deliver to the official assignee or trustee such property, or any part thereof, at such time, and in such manner, and on such terms as to the Judge may seem just, with or without costs of the examination and order.
31. If the bankrupt, or any other person (including the wife of such bankrupt), at any examination under the preceding section, or
any adjournment thereof, being thereto required (and not having any
lawful excuse in that behalf), shall refuse to surrender any book,

document, or writing, relating to the estate, or shall refuse to be sworn, or to answer any lawful question touching any of the matters aforesaid, or to subscribe his examination, the Judge or Registrar may commit him to prison, there to remain, until he shall have done the thing so required of him, or shall be discharged by the Judge or Court. And if any such person while under examination is guilty of prevarication or evasion, or indecent conduct, the Judge or Registrar may commit him to prison for any term not exceeding fourteen days.

32. Any person committed under the last preceding section may be discharged from such committal on appeal therefrom to the Court if committed by the Judge, and to the Judge if committed by the Registrar, and in such last-mentioned cases a further appeal

shall lie to the Court. If the committal was for refusing to

answer a question, such question shall be set out in the warrant, and if it appears to the Court that the person committed has fully answered all lawful questions put to him, or, if committed for

refusing

refusing to be sworn or to produce a document or for not signing his examination, that he had a sufficient reason for such refusal, the Court or Judge shall order the person committed to be discharged.

33. No question put to the bankrupt in any examination shall

be deemed unlawful by reason only that the answer thereto may expose him to punishment. Provided that no answer to any such question shall be admitted in evidence against him on the trial of any indictment other than on a prosecution against him for perjury.

Sections 34 to 36—Release of Estate.

34. After the acceptance and approval of a composition or scheme of arrangement, in manner hereinbefore provided, the bankrupt may apply for an order releasing his estate from sequestration, and, on his satisfying the Judge that the approved terms of such composition or scheme have been complied with, so far as is at the time practicable, the Judge may make such order on such terms as he shall think just. Provided that the terms of the composition or scheme may at any time be enforced notwithstanding the release in the same manner as is by this Act provided.

35. If the bankrupt or any person on his behalf shall pay in full all the creditors, or obtain a legal acquittance of the debts due to them, the bankrupt may apply for a like order for the release of his estate; and on being satisfied that the creditors have been so paid or have released their debts and that no proceedings of a criminal nature are pending or contemplated against the bankrupt the Judge may make a like order upon such terms as he shall think just.

36. Any order, whereby the estate is released from sequestration, shall have the effect of revesting in the bankrupt or such person as the Judge may appoint, subject to such conditions as he may prescribe, all the property of the bankrupt undisposed of, as if the estate had never been sequestrated. Provided that all sales and disposition of the property and payments made and acts theretofore done by the official assignee or trustee shall be valid ; and provided that the release of the estate shall not operate as a discharge of the bankrupt unless the Judge shall so order.

Sections 37 to 44—Bankrupt's Certificate.

37. Whether a composition or scheme of arrangement has been confirmed as hereinbefore provided or not, and whether his estate has been released or not, the bankrupt may, after the expiration of three months from the date of sequestration, cause an advertisement to be inserted in the Gazette and a newspaper published in the place where the bankrupt resided at the date of the sequestration order, stating his intention to apply on a day fixed by the Judge or Registrar and named therein, not less than fourteen nor more than thirty days from the day of first publication, for a certificate of discharge under this Act,— Provided that where the Judge has granted a release of the bankrupt's estate under section thirty-five the bankrupt may forthwith apply for a certificate of discharge, anything in this section to the contrary not­ withstanding

(1) He shall give fourteen day's notice in writing to the official assignee of such intention.

(2) The application shall be heard on the appointed day and on any day or days of adjournment, and the official assignee and any creditor may be heard in opposition to such application upon giving notice of the grounds thereof.

(3)

(3) On the hearing of the application the Judge shall take into consideration a report of the official assignee or trustee as to the bankrupt's conduct or affairs, and may either grant or refuse an absolute order of discharge, or suspend the operation of the order for a specified time, or grant an order of discharge subject to any conditions with respect to any earnings or income which may then be or afterwards become due to the bankrupt or with respect to his after acquired property : Provided that the Judge shall refuse the discharge in all cases where he is satisfied that the bankrupt has done or omitted anything which in the opinion of the Judge amounts to a misdemeanour under this Act or any amendment thereof, and shall, on proof of any of the facts hereinafter mentioned, either refuse the order, or suspend the operation of the order for a specified time, or grant an order of discharge, subject to such conditions as aforesaid.

38. The facts referred to in the last preceding section are—

(a)	That the bankrupt has omitted to keep such books of account as are usual and proper in the business or occu­ pation carried on by him and as sufficiently disclose hisi business transactions and financial position within the three years immediately preceding his bankruptcy.
(b)	That the bankrupt has wilfully delayed surrendering his estate or avoided its sequestration in order to benefit or assist one creditor or more to the disadvantage of the rest.
(c)	That the bankrupt has continued to trade or obtained credit in one or more sums to the amount of fifty pounds or upwards after knowing himself to be insolvent.

{cl) That the bankrupt has contracted any debt provable in the bankruptcy, without having at the time of contracting it any reasonable or probable ground of expectation (proof whereof shall be on him) of being able to pay it.

(e)	That the bankrupt has brought on his bankruptcy by rash and hazardous speculations or unjustifiable extravagance in living.
(f)	That the bankrupt has put any of his creditors to unneces­ sary expense by a frivolous or vexatious defence to any action or other proceeding properly brought against him.
(g)	That the bankrupt has within three months preceding the date of the sequestration order, when unable to pay his debts as they become due,—given an undue preference to
any of his creditors.
(h)	That the bankrupt has on any previous occasion been adjudged bankrupt, or made a statutory composition or arrangement with his creditors, unless his estate then produced ten shillings in the pound, or a majority in number and value of the creditors in that estate shall certify that in their opinion the bankruptcy was the result of misfortune only.

(i) That the bankrupt has not upon surrendering his estate or after his sequestration made a full and fair disclosure of his property in possession, reversion, or expectancy

(j)	That the bankrupt has wilfully violated or omitted to comply with any of the provisions of this Act.
(k)	That the bankrupt being at the time insolvent has made away with or disposed of any of his property otherwise than in good faith and for valuable consideration.
(l)	That the bankrupt has unlawfully expended for his own benefit or appropriated to his own use any property of

which

Which he at the time had the charge or disposition as a

trustee, factor, broker, or agent only, or that he has been

guilty of any fraudulent breach of trust.

(m)	That there is an unsatisfied judgment against the bankrupt in an action for assault, breach of promise, seduction or any malicious injury, or for damages or costs under any laws relating to divorce.
(n)	That the bankrupt has carried on business by means of a fictitious capital.

39. In cither of the following cases; that is to say,

(1) In the case of a settlement made before and in consideration of marriage where the settlor is not at the time of making the settlement able to pay all his debts without the aid of the property comprised in the settlement; or

(2) In the case of any covenant or contract made in consideration of marriage for the future settlement on or for the settlor's wife or children of any money or property wherein he had not at the date of his marriage any estate or interest (not being money or property of or in right of his wife);

If the settlor is adjudged bankrupt or compounds or arranges with his creditors, and it appears to the Judge that such settlement, covenant, or contract was made in order to defeat or delay creditors, or was unjustifiable, having regard to the state of the settlor's affairs at the time when it was made, the Judge may refuse or suspend the certi­ ficate of discharge, or grant one subject to conditions, or refuse to approve a composition or arrangement, as the case may be, in like manner as in cases where the debtor has come within the provisions of the last preceding section.
40. (1) For the purposes of the last two preceding sections the report of the official assignee or trustee shall be prima facie evidence of the statements therein contained.

(2) Notice of the appointment by the Judge or Registrar of the day for hearing the application for a certificate of discharge shall be published in the prescribed manner, and the Judge may hear the official assignee and the trustee, and may also hear any creditor, either personally or by counsel. At the hearing the Judge may put such questions to the bankrupt and receive such evidence as he may think lit.

(3) A discharged bankrupt shall, notwithstanding his dis­
charge, give such assistance as the official assignee or trustee may

require in the realization and distribution of such of his property as is

vested in such assignee or trustee, and if he fails to do so he shall be	guilty of a contempt of Court; and the Judge may also, if he thinks
fit, revoke his discharge, but without prejudice to the validity of any sale, disposition, or payment duly made or thing duly done subsequent to the discharge, but before its revocation.
(4) No certificate of discharge shall be issued until the bankrupt has paid all fees due by him in respect of any proceedings under this Act, including such fees as may be payable upon the granting of and in respect of the said certificate, and no bankrupt shall bo deemed to be discharged within the meaning of this Act until such certificate has issued.
(5) A certificate of discharge shall be issued by the Registrar after an order has been made in that behalf by the Judge, and such certificate shall bear the seal of the Court and be in the prescribed form. (6) If in consequence of the estate not being sufficiently administered, or for want of sufficient evidence, or for any other reason, the Judge is unable to decide whether a certificate should or should not bo granted, suspended or refused, he may adjourn the application for such certificate from time to time : Provided that the

Judge

Judge shall give his decision as soon as may be after the final dividend has been declared as hereinafter provided, and the bankrupt shall then be entitled to demand that such decision be given without delay.

(7) In all cases where under the provisions of this Act the

Judge shall refuse to grant the bankrupt his certificate, and the decision of the Judge shall not have been varied on appeal, it shall be lawful for the Court upon the application of the bank­ rupt, and at the request of the majority in number of the creditors who shall have proved in his bankruptcy from time to time to alter and to vary the said decision and to suspend the said certificate for such period as to the said Court shall seem reasonable and just and then grant the same. Provided that no such application shall be made until after two years shall have elapsed from the date of such refusal by the Judge.
41. (1) No application by the bankrupt for a certificate shall be allowed after twelve months from the date of sequestration unless notice of his intention to apply has been duly advertised before the expiration of that period except by leave of the Judge on such terms as he may think proper.

(2) If the bankrupt shall not within nine months after sequestration have applied for his certificate, the Judge may, on appli­ cation of the official assignee or trustee, require him by summons, and in case of his refusal or neglect may compel him by warrant to appear before the Judge, and show cause, if he has any, why a certificate of discharge should not in his case be refused or suspended, and on such appearance the Judge may deal with the case, and grant, refuse, or suspend such certificate, and otherwise deal with such bankrupt as if the certificate had been applied for by him.

42. (1) A certificate of discharge shall not release the bankrupt from any debt on a recognizance, nor from any debt with which the bankrupt may be chargeable at the suit of the Crown or of any person for any offence against a statute relating to any branch of the public revenue, or at the suit of the sheriff or other public officer on a bail bond entered into for the appearance of any person prosecuted for any such offence: And he shall not be discharged from such excepted debts unless the Colonial Treasurer certify in writing his consent to his being discharged therefrom. A certificate of discharge shall not release the bankrupt from any debt or liability incurred by means of any fraud or fraudulent breach of trust to which he was a party, nor from any debt or liability whereof he has obtained forbear­

ance by any fraud to which he was a party.

(2) A certificate of discharge shall release the bankrupt from

all other debts provable in bankruptcy.

(3) A certificate of discharge shall be conclusive evidence of the bankruptcy, and of the validity of the proceedings therein, and in any proceedings that may be instituted against a bankrupt who has obtained a certificate of discharge in respect of any debt from which he is released by the certificate, the bankrupt may plead that the cause of action accrued before his discharge, and may give this Act and the special matter in evidence.
(4) A certificate of discharge shall not release any person who at the date of the sequestration order was a partner or co-trustee with the bankrupt, or was jointly bound or had made any joint contract with him, or any person who was surety or in the nature of a surety for him.

(5) Any assignee or trustee becoming bankrupt and being indebted to the estate of which he was such assignee or trustee in respect of money improperly retained or employed by him shall not be discharged from such debt as to any future assets, although he may have obtained his certificate.

43. (1) Where in the opinion of the Judge a sequestration order ought not to have been made, or where it is proved to the satisfac­ tion of the Judge that the debts of the bankrupt are paid in full, the Judge may, on the application of any person interested, by order dis­ charge such order.

(2) Where a sequestration order is discharged under this section all sales and dispositions of property duly made and all acts theretofore done by the official assignee, trustee, or other person acting under their authority, or by the Judge, Registrar, or District Registrar, shall be valid, but the property of the debtor who was adjudged bank­ rupt shall vest in such person as the Judge may appoint, or in default of any such appointment revert to the debtor for all his estate or interest therein, on such terms and subject to such conditions if any as the Judge may declare by order.

(3) Notice of the order discharging a sequestration order

shall be forthwith published in the Gazette.

44. For the purposes of this Part of this Act any debt disputed by a debtor shall be considered as paid in full if the debtor enters into a bond in such sum and with such sureties as the Judge or Registrar approves to pay the amount to be recovered in any proceeding for the recovery of or concerning the debt with costs, and any debt due to a creditor who cannot be found or cannot be identified shall be considered as paid in full if paid into Court.

P A R T I I .

ADMINISTRATION OF PROPERTY.

Sections 45 to 47—Proof of Debts.

45. (1) Demands in the nature of unliquidated damages arising otherwise than by reason of contract, promise, or breach of trust, shall not be provable in bankruptcy.
(2) A person having notice of any act of bankruptcy

available against the debtor shall not prove in the bankruptcy for any

debt or liability contracted by the debtor subsequently to the date of
of his so having notice.

(3) Save as aforesaid, all debts and liabilities, present or future, certain or contingent, to which the debtor is subject at the date of the sequestration order, or to which he may become subject before his discharge by reason of any obligation incurred before the date of the sequestration order, shall be deemed to be debts provable in bankruptcy.

(4) An estimate shall be made by the official assignee or trustee of the value of any debt or liability provable as aforesaid, which by reason of its being subject to any contingency or contin­ gencies, or for any other reason, does not bear a certain value.

(5) Any person aggrieved by any estimate made by the

official assignee or trustee as aforesaid may appeal to the Judge.

(6) If, in the opinion of the Judge, the value of the debt or liability is incapable of being fairly estimated, the Judge may make an order to that effect, and thereupon the debt or liability shall, for the purposes of this Act be deemed to be a debt not provable in bankruptcy.

(7)

(7) If, in the opinion of the Judge, the value of the debt or liability is capable of being fairly estimated, the Judge may direct the value to be assessed, before the fudge himself without the intervention of a jury or before the Registrar, and may give all necessary directions for this purpose, and the amount of the value when assessed shall be deemed to be a debt provable in bankruptcy.

(8) " Liability" shall for the purposes of this Act include any compensation for work or labor done, any obligation or possibility of an obligation to pay money or moneys worth on the breach of any express or implied covenant, contract, agreement, or undertaking whether the breach does or does not occur, or is or is not likely to occur or capable of occurring before the discharge of the debtor, and generally it shall include any express or implied engagement, agree­ ment, or undertaking, to pay, or capable of resulting in the payment of money, or moneys worth, whether the payment is, as respects amount fixed or unliquidated; as respects time, present or future, certain or dependent on any one contingency or in two or more contingencies; as to mode of valuation capable of being ascertained by fixed rules, or as a matter of opinion.
46. Where there have been mutual credits, mutual debts, or other mutual dealings between a debtor against whom a sequestration order shall be made under this Act and any other person proving or claiming to prove a debt under such sequestration order, an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of the account, and no more, shall be claimed as paid on either side respectively; but a person shall not be entitled under this section to claim the benefit of any set-off against the property of a debtor in any case where he had at the time of giving credit to the debtor, notice of an act of bankruptcy committed by the debtor, and available against him.

47. With respect to the mode of proving debts, the right of proof by secured and other creditors, the admission and rejection of proofs, and other matters referred to in the Second Schedule, the rules in that Schedule shall be observed.

Sections 48 to 50—Preferential Debts.

48. (1) In the distribution of the property of a bankrupt there shall be paid in priority to all other debts—

(a) All wages or salary of any clerk or servant in respect of the

services rendered to the bankrupt during six months before

the date of the sequestration order, not exceeding fifty

pounds; and

(b) All wages of any labourer or workmen, not exceeding fifty pounds, whether payable for time or piece-work, in respect of the services rendered to the bankrupt during six months before the date of the bankruptcy order.

(2) The foregoing debts shall rank equally between them­ selves, and shall be paid in full, unless the property of the bankrupt is insufficient to meet them, in which case they shall abate in equal proportions between themselves.

(3) In the case of partners the joint estate shall be appli­ cable in the first instance, in payment of their joint debts, and the separate estate of each partner shall be applicable in the first instance in payment of his separate debts. If there is a surplus of the separate estates it shall be dealt with as part of the joint estate. If there is a surplus of the joint estate it shall be dealt with as part of the respective separate estates in proportion to the right and interest of each partner in the joint estate.

(4)

(4) Subject to the provisions of this Act all debts proved

in the bankruptcy shall be paid pari passu.
(5) Nothing in this section shall alter the effect of the Act thirtieth Victoria number fourteen or shall prejudice the provisions of the Friendly Societies Act thirty-seven Victoria number four or of the twenty-sixth Victoria number thirteen.

49. (1) Where at the time of the presentation of the bank­ ruptcy petition any person is apprenticed or is an articled clerk to the bankrupt, the sequestration order shall, if cither the bankrupt or apprentice or clerk gives notice in writing to the official assignee or trustee to that effect, be a complete discharge of the indenture of apprenticeship or articles of agreement; and if any money has been paid by or on behalf of the apprentice or clerk to the bankrupt as a fee, the official assignee or trustee may, on the application of the apprentice or clerk or of some person on his behalf, pay such sum as the official assignee or trustee, subject to an appeal to the Judge, thinks reasonable, out of the bankrupt's property, to or for the use of the apprentice or clerk, regard being had to the amount paid by him or on his behalf, and to the time during which he served with the bankrupt under the indenture of articles before the commence­ ment of the bankruptcy, and to the other circumstances of the case.

(2) Where it appears expedient to an official assignee or trustee, he may, on the application of any apprentice or articled clerk to the bankrupt, or any person acting on behalf of such apprentice on

articled clerk, instead of acting under the preceding provisions of this section, transfer the indenture of apprenticeship or articles of agree­ ment to some other person.

50. No distress for rent which has accrued due before the date of the sequestration order shall be levied or proceeded with after the sequestration order, but the landlord shall receive out of the estate so much rent as was then due or accruing due or as by this Act is made provable, but for a period not exceeding three months, and may prove and share ratably with other creditors for the balance.

Sections 51 to 52—Property available for Payment of Debts.

51. The bankruptcy of a debtor, whether the same takes place on the debtor's own petition or upon that of a creditor or creditors, shall be deemed to have relation back to, and to commence at, the time of the act of bankruptcy being committed on which a seques­ tration order is made against him, or, if the bankrupt is proved to

back to, and to commence at, the time of the first of the acts of	have committed more acts of bankruptcy than one, to have relation
bankruptcy proved to have been committed by the bankrupt within three months next preceding the date of the presentation of the bankruptcy petition; but no bankruptcy petition, or sequestration order, shall be rendered invalid by reason of any act of bankruptcy anterior to the debt of the petitioning creditor,
52. The property of the bankrupt divisible amongst his creditors, and in this Act referred to as the property of the bankrupt, shall not comprise the following particulars :

(1) Property held by the bankrupt on trust for any other person : (2) The tools (if any) of his trade and the necessary wearing

apparel and bedding of himself, his wife and children, to a value, inclusive of tools and apparel and bedding, not exceed­ ing twenty pounds in the whole:

But it shall comprise the following particulars:

(1) All such property as may belong to or to be vested in the
bankrupt at the commencement of the bankruptcy, or may

be acquired by or devolve on him before his discharge ; and,

(2)

(2) The capacity to exercise and to take proceedings for exer­ cising all such powers in or over or in respect of property as might have been exercised by the bankrupt for his own benefit at the commencement of his bankruptcy or before his discharge ; and,

(3) All goods being, at the commencement of the bankruptcy, in the possession, order, or disposition of the bankrupt, by the consent and permission of the true owner, under such cir­ cumstances that he is the reputed owner thereof; provided that things in action other than debts due or growing due to the bankrupt in the course of his trade or business, shall not be deemed goods within the meaning of this section.

Sections 53 to 58—Effect of Bankruptcy on antecedent Transactions.

53. (1) Where a creditor has issued execution against the goods or lands of a debtor, or has attached any debt due to him, he shall not be entitled to retain the benefit of the execution or attachment against the official assignee or trustee of the bankrupt, unless he has completed the execution or attachment before the date of the seques­ tration order, and before notice of the presentation of any bankruptcy petition by or against the debtor, or of the commission of any available act of bankruptcy by the debtor.

(2) For the purposes of this Act, an execution against goods is completed by seizure and sale; an attachment of a debt is completed by receipt of the debt; and an execution against land is completed by seizure and sale, or, in the case of an equitable interest, by the appointment of a receiver.
54. (1) Where property of a debtor is taken in execution, and before the sale thereof notice is served on the sheriff that a seques­ tration order has been made against the debtor, the sheriff shall, on request, deliver the property to the official assignee or trustee under the order, but the costs of the execution shall be a charge on the property so delivered, and the official assignee or trustee may sell the property or an adequate part thereof for the purpose of satisfying the charge.
(2) where the property of a debtor is sold under an execution in respect of a judgment for a sum exceeding twenty pounds, the sheriff shall deduct the costs of the execution from the proceeds of sale, and retain the balance for seven days, and if
within that time notice is served on him of a bankruptcy petition
having been presented against or by the debtor, and the debtor is
adjudged bankrupt thereon or on any other petition of which the sheriff has notice, the sheriff shall pay the balance to the official assignee or trustee, who shall he entitled to retain the same as against the execution creditor, but otherwise he shall deal with it as if no notice of the presentation of a bankruptcy petition had been served on him.
(3) An execution levied by seizure and sale on the property to a debtor is not invalid by reason only of its being an act of bank­ ruptcy, and a person who purchases the property in good faith under a sale by the sheriff shall in all cases acquire a good title to it against the official assignee or trustee.
55. (1) Any settlement of property not being a settlement made before and in consideration of marriage, or made in favour of a purchaser or incumbrancer in good faith and for valuable consideration, or a settlement made on or for the wife or children of the settlor of property which has accrued to the settlor after marriage in right of his wife, shall, if the settlor becomes bankrupt within one year after the date of the settlement, be void against the official assignee or

Stamp Duty.

152. Every deed, conveyance, assignment, surrender, admission, or other assurance relating solely to freehold, leasehold, copyhold, or customary property, or to any mortgage, charge, or other encum­ brance on, or any estate, right, or interest in any real or personal property which is part of the estate of any bankrupt, and which, after the execution of the deed, conveyance, assignment, surrender, admis­ sion or other assurance, either at law or in equity, is or remains the estate of the bankrupt or of the official assignee or trustee under the bankruptcy, and every power of attorney, proxy paper, writ, order, certificate, affidavit, bond relating solely to the property of any bankrupt, or to any proceeding under any bankruptcy, shall bo exempt from stamp duty, except in respect of fees under this Act.

Corporations, &C.

153. For all or any of the purposes of this Act a corporation may act by any of its officers authorized in that behalf under the seal of the corporation, a firm may act by any of its members, and a lunatic may act by his committee or curator bonis,

S C H E D U L E S .

SCHEDULES.

THE FIRST SCHEDULE.

MEETINGS OF CREDITORS.

1. The first meeting of creditors shall be summoned for a day not later than
fourteen days after the date of the sequestration order, unless the Judge or Registrar
for any special reason deem it expedient that the meeting be summoned for a later day.
2. The Registrar shall summon the meeting by giving not less than seven days'
notice of the time and place thereof in the Gazette and in a local paper. The official

assignee shall also whenever practicable give notice of the time and place thereof to

each proved creditor.
3. The official assignee shall at such first meeting bring up a provisional report based upon the debtor's statement of affairs.

4. The meeting shall be held at such place as is in the opinion of the official assignee most convenient for the majority of the creditors.

5. The official assignee or trustee may at any time summon a meeting of creditors, and shall do so whenever so directed by the Judge, or so requested in writing by one- fourth in value of the creditors.

6. Meetings subsequent to the first meeting shall be summoned by sending notice of the lime and place thereof to each creditor at the address given in his proof, or if he has not proved, at the address given in the debtor's statement of affairs, or at such other address as may be known to the person summoning the meeting.

7. The official assignee, or some person nominated by him, shall be the chairman

at the first meeting. The chairman at subsequent meetings shall be such person as the

meeting by resolution appoint.

8. A person shall not be entitled to vote as a creditor at the first or any other meeting of creditors unless he has duly proved a debt provable in bankruptcy to be due to him from the debtor, and the proof has been duly lodged before the time appointed for the meeting.

9. A creditor shall not vote at any such meeting in respect of any unliquidated or contingent debt, or any debt the value of which is not ascertained.
10. For the purpose of voting, a secured creditor shall, unless he surrenders his security, state in his proof the particulars of his security, the date when it was given, and the value at which he assesses it, and shall be entitled to vote only in respect of the balance (if any) due to him, after deducting the value of his security. If he votes in respect of his whole debt, he shall be deemed to have surrendered his security, unless the Judge or Registrar on application is satisfied that the omission to value the security has arisen from inadvertence.

11. A creditor shall not vote in respect of any debt on or secured by a current bill of exchange or promissory note held by him, unless he is willing to treat the liability to him thereon of every person who is liable thereon antecedently to the debtor, and against whom a sequestration order has not been made, as a security in his hands, and to estimate the value thereof, and for the purposes of voting, but not for the purposes of dividend, to deduct it from his proof.

12. I t shall be competent to the official assignee or trustee, within twenty-eight in voting at any meeting, to require the creditor to give up the security for the benefit days after a proof estimating the value of a security as aforesaid has been made use of	of the creditors generally on payment of the value so estimated, with an addition thereto
of twenty per centum. Provided, that where a creditor has put a value on such security, he may at any time before he has been required to give up such security as aforesaid, correct such valuation by a new proof, and deduct such new value from his debt, but in that case such addition of twenty per centum shall not be made if the official assignee or trustee requires the security to be given up.
13. If a sequestration order is made against one partner of a firm, any creditor to whom that partner is indebted jointly with the other partners of the firm or any of them, may prove his debt for the purpose of voting at any meeting of creditors, and shall be entitled to vote thereat.
14. The chairman of a meeting shall have power to admit or reject a proof for the purpose of voting, but his decision shall be subject to appeal to the Judge. If he is in doubt whether the proof of a creditor should be admitted or rejected, he shall mark the proof as objected to and shall allow the creditor to vote, subject to the vote being declared invalid in the event of the objection being sustained.

15. A creditor may vote either in person or by proxy.

16. Every instrument of proxy shall be in the prescribed form, and shall be

issued by the official assignee, or, after the appointment of a trustee, by the trustee, and
every insertion therein shall be in the handwriting of the person giving the proxy.

17. A creditor may give a general proxy to his manager or clerk, or any other person in his regular employment. In such case the instrument of proxy, shall state the relation in which the person to act thereunder stands to the creditor.

18. A creditor may give a special proxy to any person to vote at any specified meeting, or adjournment thereof, for or against any specific resolution, or for or against any specified person as trustee, or member of a committee of inspection.

19. A proxy shall not be used unless it is deposited with the official assignee before the meeting at which it is to be used.
20. Where it appears to the satisfaction of the Judge that any solicitation lias been used by or on behalf of an official assignee, trustee,or manager or receiver in obtaining proxies, or in procuring the trusteeship, managership, or receivership, except by the direction of a meeting of creditors, the Judge shall have power, if he think fit, to order that no remuneration shall be allowed to the person by whom, or on whose behalf such solicitation may have been exercised, notwithstanding any resolution of the committee of inspection, or of the creditors to the contrary.
21. A creditor may appoint the official assignee of the debtor's estate to act in manner prescribed as his general or special proxy.
22. The chairman of a meeting may, with the consent of the meeting, adjourn the meeting from time to time, and from place to place.
23. A meeting shall not be competent to act for any purpose, except the election of a chairman, and the adjournment of the meeting, unless there are present, or represented thereat, at least three creditors, or all the creditors if their number does not exceed three.

24. If within half-an-hour from the time appointed for the meeting, a quorum of creditors is not present or represented, the meeting shall be adjourned to the same day in the following week at the same time and place, or to such other day as the chairman may appoint, not being less than seven or more than twenty-one days.

25. The chairman of every meeting shall cause minutes of the proceedings at the meeting to be drawn up and fairly entered in a book kept for that purpose, and the minutes shall be signed by him or by the chairman of the next ensuing meeting.

26. No person acting either under a general or special proxy shall vote in favour of any resolution which would directly or indirectly place himself, his partner, or employer, in a position to receive any remuneration out of the estate, of the debtor, otherwise than as a creditor ratably with the other creditors of the debtor. Provided that where any person holds special proxies to vote for the appointment of himself as trustee he may use the said proxies and vote accordingly.

THE SECOND SCHEDULE.

PROOF OF DEISTS.

Proof in Ordinary Cases.

1. Every creditor shall prove his debt as soon as may be after the malting of an order of sequestration.

2. A debt may be proved by delivering or sending through the post in a pre-paid letter to the Registrar an affidavit verifying the debt.

3. The affidavit may be made by the creditor himself, or by some person authorized by or on behalf of the creditor.	If made by a person so authorized it shall slate his
authority and means of knowledge.

4. The affidavit shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can bo substantiated. The Registrar and official assignee or trustee may at any time call for the production of the vouchers.

5. The affidavit shall state whether the creditor is or is not a secured creditor.

6. A creditor shall bear the cost of proving his debt unless the Judge otherwise

specially orders.

7. Every creditor who has lodged a proof shall be entitled to see and examine the proofs of other creditors before the first meeting, and at all reasonable times.

8. A creditor proving his debt shall deduct therefrom all trade discounts, but he shall not bo compelled to deduct any discount, not exceeding five per centum on the net amount of his claim, which he may have agreed to allow for payment in cash.

Proof by Secured Creditors.

9. If a secured creditor realizes his security, he may prove for the balance due to him after deducting the net amount realized.

10. If a secured creditor surrenders his security to the official assignee or trustee for the general benefit of the creditors, he may prove for his whole debt.

11. If a secured creditor docs not oil her realize or surrender his security he shall, before ranking for dividend state in his proof of the particulars of his security the date when it was given, and the value at which he assesses it, and shall be entitled to receive a dividend only in respect of the balance due to him after deducting the value so assessed.

12. (a) Where a security is so valued the official assignee or trustee may at any time redeem it on payment to the creditor of the assessed value.

(6) If the official assignee or trustee is dissatisfied with the value at which a security is assessed, he may require that the property comprised in any security so valued be offered for sale at such times and on such terms and conditions as may be agreed on between the creditor and the official assignee or trustee, or as, in default of such agreement, the Judge or Registrar may direct. If the sale be by public auction the creditors or the official assignee or the trustee on behalf of the estate may bid or purchase.

(c) Provided that the creditor may at any time, by notice in writing, require the official assignee or trustee to elect whether he will or will not exercise his power of redeeming the security or requiring it to be realized, and if the official assignee or trustee does not within three months after receiving the notice signify in writing to the creditor his election to exercise the power, he shall not be entitled to exercise i t ; and the equity of redemption or any other interest in the property comprised in the security which is vested in the official assignee or trustee shall vest in the creditor, and the amount of his debt shall be reduced by the amount at which the security has been valued.
13. Where a creditor has so valued his security, he may at any time amend the valuation and proof on showing to the satisfaction of the official assignee, or the trustee, or the Registrar, that the valuation and proof were made bond fide on a mistaken estimate, or that the security has diminished or increased in value since its previous valuation ; but every such amendment shall be made at the cost of the creditor, and upon such terms as the Registrar shall order.
14. Where a valuation has been amended in accordance with the foregoing rule, the creditor shall forthwith repay any surplus dividend which he may have received in excess of that to which he would have been entitled on the amended valuation, or, as the case may be, shall be entitled to be paid out of any money for the time being available for dividend any dividend or share of dividend which he may have failed to receive by reason of the inaccuracy of the original valuation, before that money is made applicable to the payment of any future dividend, but he shall not be entitled to disturb the distribution of any dividend declared before the date of the amendment.

15. If a creditor after having valued his security subsequently realizes it, or if it is realized under the provisions of Rule 12, the net amount realized shall be substituted for the amount of any valuation previously made by the creditor, and shall be treated in all respects as an amended valuation made by the creditor.

16. If a secured creditor does not comply with the foregoing rules he shall be excluded from all share in any dividend.

17. Subject to the provisions of Rule 12, a creditor shall in no case receive more than twenty shillings in the pound, and interest as provided by this Act.

Proof in respect of Distinct Contracts.

18. If a debtor was at the date of the order of sequestration liable in respect of distinct contracts as a member of two or more distinct firms, or as a sole contractor, and also as a member of a firm, the circumstance that the firms arc in whole or in part composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof in respect of the contracts, against the properties respectively liable on the contracts,

Periodical Payments.

19. When any rent or other payment falls due at stated periods, and the order of sequestration is made at any time other than one of those periods, the person entitled to the rent or payment may prove for a proportionate part thereof up to the date of the order as if the rent or payment grew due from day to day.

Interest.

20. On any debt or sum certain, payable at a certain time or otherwise, whereon interest is not reserved or agreed for, and which is overdue at the date of the order of sequestration and provable in bankruptcy, the creditor may prove for interest at a rate not exceeding six per centum per annum to the date of the order at the time when the debt or sum was payable, if the debt or sum was payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time when a demand in writing has been made giving the debtor notice that interest will be claimed from the date of the demand until the time of payment.

Debt payable at a future time.

21. A. creditor may prove for a debt not payable when the debtor committed an act of bankruptcy as if it were payable presently, and may receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of five pounds per centum per annum computed from the declaration of a dividend to the time when the debt would have become payable, according to the terms on which i t was contracted,

Admission

Admission or rejection of Proofs.

22. The Registrar shall examine every proof and the grounds of the debt, and in

writing admit or reject it, in whole or in part, or require further evidence in support

of it. If he rejects a proof he shall state in writing to the creditor the grounds of the

rejection.
23. If the official assignee or trustee thinks that a proof has been improperly admitted, the Judge may on the application of the official assignee or trustee, after notice to the creditor who made the proof, expunge the proof or reduce its amount.

24. If a creditor is dissatisfied with the decision of the Registrar in respect of a proof, the Judge may, on the application of the creditor, reverse or vary the decision.

25. The Judge may also expunge or reduce a proof upon the application of a creditor if the official assignee or trustee declines to interfere in the matter, or, in the case of a composition or scheme, upon the application of the debtor.

T H I R D SCHEDULE.

Court and other Fees to he taken.

Registrar in Bankruptcy.

s. d.

Every declaration by a debtor of inability to pay debts ... ... 2 0

Upon filing every petition surrendering an estate as bankrupt

including the order of the Court thereon where the assets

shall appear not to exceed £300. . . ... ... ... ... 2 6

When above that amount ... ... ... ... ... ... 15 0

For drawing and inserting each advertisement besides the expenses

paid for advertising when required to be done... ... ... 2 6

Upon receiving and filing every petition against a person having

committed an act of bankruptcy ... .. ... ... 15 0

Eor filing every affidavit ... ... ... ... ... ... 1 0

Eor every order of the Court or Judge ... ... ... ... 5 0

For every debtor's summons ... ... ... ... ... ... 5 0

For filing same or any other proceeding ... ... ... ... 1 0

For every person examined or document exhibited ... ... ... 1 0

For taxing costs in any case—same as in the Supreme Court Office. For making every necessary application and report to the Court or

to the Judge and minute of the order thereon ... ... 2 6

For every warrant of attachment of moveable property ... ... 2 6

For every summons for the attendance of a person to give evidence

or bo examined ... ... ... ... ... ... ... 5 0

For every certified extract from or copy of proceedings relating to

insolvent estates of less than ninety words ... ... ... 2 6

And above that number per folio ... ... ... ... ... 0 4

For every inspection of proceeding in each estate for each half hour 1 0

For every certificate of discharge ... ... ... ... . . . 1 0 0

For every other process before the Court or Judge—same as in the

Supreme Court either at Law or in Equity as the case may bo

For meetings and examinations before the Judge or Registrar.

For each meeting of creditors or examination in estates under £300

assets ... ... ... .., ... ... ... ... 10 0

For any other meeting of creditors or examination per diem	... 20	0
For every proof of debt to be paid by the person offering it	...	1 0

For swearing every affidavit by the party sworn	...	...	...	1	0
For every affidavit filed by the party using it	...	...	...	1	0

For every person examined by the party producing him ... ... 1 0

For every warrant for apprehension of insolvent	...	...	...	5	0
For every warrant of commitment of any person	...	...	...	7 G

Messenger's Fees.

For making every attachment of person or property—The same as now paid for service of civil process of the Supreme Court and mileage

For making inventory and notice and report to Court ... ... 2 6

Copy of ditto ... ... ... ... ... ... ... ... 2 6

Sheriff's Fee.

For registering every order for sequestration or debtor's summons

or petition for liquidation or composition ... ... ... 1 0

The Eegistrar-General's Fee.

For registering every order of sequestration	...	...	...	1 0
Additional

Additional Court Fees for Winding-up of Companies under the Companies Act or

the Act 44 Vic. No. 23.

For filing every affidavit or any document other than a petition ...	1	0
For the allowance of each debt	1	0

For every exhibit produced ... ... ... ... ... ... 1 0

For making up record of debts proved ... ... ... ... 5 0

For filing any petition... ... ... ... ... ... ... 15 0

For every order of the Court 5 0

For every summons issued ... ... ... ... ... ... 5 0

For every writ of attachment or warrant of committal ... ... 2 0

For every person sworn to be paid by the person procuring his

examination ... ... ... ... ... ... ... 1 0

For inspection of proceedings in any matter under the Companies

Act for each half hour ... ... ... ... ... ... 1 0

And the Court fees chargeable from time to time in the Supreme Court in either of its jurisdictions for every other process matter or thing required to be issued or done under the Companies Act and not already provided for by this Schedule.

FOURTH SCHEDULE.

No. of Act. Title of Act. Extent of repeal.

5 Vic. No. 9 ...	Advancement of Justice ...	Sections 33, 34, 35,
36, and 37.
5 Vic. No. 17 ...	An Act for giving relief to insolvent persons and providing for the due collection, administration,	All the unrepealed
sections.

and distribution of Insolvent Estates within the Colony of New South "Wales, and for the prevention of frauds affecting the same.

7 Vic. No. 19 ...	An Act to amend an Act intituled " An Act for giving relief to insolvent persons and providing	The unrepealed
sections.

for the administration of Insolvent Estates and

to abolish imprisonment for debt.

8 Vic. No. 6 ...	An Act further to amend an Act intituled " An Act for giving relief to insolvent persons and providing for the administration of Insolvent Estates and to abolish imprisonment for debt."	The whole.
8 Vic. No. 15 ...	An Act to amend an Act passed in the fifth year of Her Majesty's reign for the relief of	The unrepealed
sections.

insolvent debtors and also the Act lately passed for amending the same and abolishing imprisonment for debt.

10 Vic. No. 14 . An Act to remove difficulties in the disposal, administration, and distribution of Insolvent The whole.

Estates—and rider thereto.

17 Vic. No. 17 .	An Act for the appropriation of unclaimed balances in intestate or insolvent estates and	The whole except
sections 1 and 6.

for other purposes therein mentioned.

17 Vic. No. 32 .	To authorize the Chief Commissioner of Insolvent Estates to issue certificates in certain cases.	The whole.
19 Vic. No. 33 .	An Act to amend the Insolvent Law of New South Wales.	The whole.
20 Vic. No. 1 1 .	An Act to provide for the deposit in the Colonial Treasury of moneys in charge of officers of	The whole so far as
relates to the Chief

the Supreme Court.	Commissioner of Insolvent Estates
and the Official
Assignees.

20 Vic. No. 24..	An Act to amend so much of the Insolvent Acts now in force as relates to directions of creditors.	The whole.
24 Vic. No. 20..	An Act to fix the salary and tenure of office of the Chief Commissioner of Insolvent Estates.	The whole.
25 Vic. No. 8 ...	An Act to amend the laws relating to Insolvency
31 Vic. No. 9 ...	An Act to facilitate proceedings in Insolvency... proceedings in Insolvency.	The whole.
38 Vic. No. 1 ...	An Act to expedite and lessen the expense of	The whole.
The whole except sections 6, 7, and 8.

F I F T H

F I F T H SCHEDULE.

In. the Supreme Court of BANKRUPTCY NOTICE.

New South Wales—

In Bankruptcy. (Title.)

To A.B. [or A.B. & Co. of

TAKE notice that within [seven] days after service of this notice on you, excluding the
day of such service, you must pay to C .D. , of , the sum of £ claimed by him as being the amount due on a final judgment obtained by him against you in the

Court, dated ; whereon execution has not been stayed, or you

must secure or compound for the said sum to [his] satisfaction or the satisfaction of the Judge ; or you must satisfy the Judge that you have a counter-claim, set-off, or cross- demand against C . D . which equals or exceeds the sum claimed by him, and which you could not set up in the action in which the judgment was obtained.

Dated By the Court,

Registrar.

INDORSEMENT ON NOTICE.

You are specially to note,—

THAT the consequences of not complying with the requisitions of this notice are that
you will have committed an act of bankruptcy, on which bankruptcy proceedings may

be taken against you.

If, however, you have a counter-claim, set-off, or cross-demand, which equals or
exceeds the amount claimed by C . D . in respect of the judgment, and which you could
not set up in the action in which the said judgment was obtained, you must within
days apply to the Judge to set aside this notice, by filing with the

Registrar an affidavit to the above effect, setting out the particulars thereof and the

reasons why you could not set up the same in the said action.

Name and address of Solicitor suing out the notice] or

This notice is sued out by [ C . D . ] in person.