Bankruptcy Act Amendment Act 1898 (WA)

aElecitern 115tra[ia.

ANNO SEXAGESI MO SEGUNDO

VICTORIA] REGIME.

**** ****************************.M*******************

No. XV.

AN ACT to amend the Bankruptcy Act, 1892.

[Assented to, 2gth October, 49g.]

BE it enacted by the Queen's Most Excellent Majesty, by and

Legislative Assembly of Western Australia, in this present Parlia- with the advice and consent of the Legislative Council and ment assembled, and by the authority of the same, as follows:—

Preliminary.

1.     THIS Act may be cited as the Bankruptcy Act Amendment Short title.

Act, 1898.

2.     THIS Act shall come into operation on the

December, 1898. 1st day of Commencement.

3, IN and for the purposes of this Act only the following terms Interpretation.

have the meanings hereinafter respectively assigned to them, if not

inconsistent with the context or subject-matter, that is to say :—

Trustee " means the trustee or trustees of any deed made

in pursuance of this Act:

62" VICTOEI2E, No. 15.

Bankruptcy Act—Amendment.

" Extraordinary resolution " means a resolution carried by seven-eighths in value and three-fourths in number of the creditors present personally, by attorney or by proxy, at a meeting of creditors and voting on the resolution ; every creditor for under Ten pounds being reckoned in value only :

" Special resolution " means a resolution carried by three- fourths in value and one-half in number of the creditors present personally, by attorney or by proxy, at a meeting of creditors and voting on the resolution ; every creditor for 'under Ten pounds being reckoned in value only :

" Prescribed form" means in the appropriate form given in

the Schedule hereto, or prescribed by rule or a form to the

like effect, or as near thereto as circumstances will permit.

" Court " means the Bankruptcy Court established by the

Principal Act.

Composition and Assignments without Bankruptcy.

A MEETING of creditors may be called by a debtor, his solicitor or agent, by circulars delivered at or posted to the residence or place of business of each of the creditors not less than seven nor more than fourteen days before the day of meeting. Such meeting shall be held at a time convenient to and at the place where a majority in value of the creditors reside, or carrying on business, have their head office in the Colony. Notice of such meeting shall also within the like time be published in the Government Gazette, and in at least one newspaper circulating in the district.

Meeting of creditors. 4.

5.     THE Court may, after the delivery or posting of the said

Stay of proceedings. circulars, or any of them, and either before or after the meeting, on

the application of any creditor whose debt is not less than Thirty pounds, order a stay of proceedings in any action, execution, or other legal process in respect of any debt or liability which would be provable under bankruptcy if the debtor were adjudged bank- rupt, and may at any time, in its discretion, set aside such order. Such order, while in force, shall have the effect of staying such proceedings until after such meeting and any adjournment thereof.

In the event of a resolution for a composition or scheme of arrangement being duly passed at such meeting or adjournment, in pursuance of the provisions hereinafter contained, the order shall have the effect of further staying such proceedings until the composition or scheme shall become binding on the creditors, or shall fail to be confirmed, or shall be rejected by the Court:

62° VICTORIIE 9 No. 15.

Bankruptcy Act—Amendment.

II. In the event of a resolution for a deed being duly passed at such meeting or adjournment, such order shall have the effect of further staying such proceedings until the expiration of twenty-one clays from the passing of such resolution.

6. THE following provisions shall be observed at all meetings of

Provisions all to

creditors held under this part of this Act:— meeting.

I. The majority in number and value of the creditors present at such meeting in person, by proxy or by attorney,	Election of chair-
man.

shall elect a chairman. The debtor shall attend such

Sub-sections 3 and 4.

meeting and submit a statement, in writing, signed by

Statement of assets

him, of his assets and liabilities : Provided that if the

and liabilities.

debtor shall be in prison at the time of such meeting it

shall not be necessary for him to attend the same :

id. Every creditor may vote at such meeting, except in respect of an unliquidated or contingent debt, or any debt the	Persons entitled to
vote.

value of which is not ascertained. Any certain debt payable in titturo shall, for the purpose of enabling the creditor to vote, be deemed payable at once:

III. For the purpose of voting, a secured creditor shall, unless he surrenders his security, state in writing 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, in the event of a composition, deed of assignment, or bankruptcy resulting from the meeting, be deemed to have surrendered his security, unless the Court, on application, is satisfied that the omission to value the security has arisen from inadvertence :	Secured creditor.
iv. A creditor shall not vote in respect of any current bill of exchange or promissory note, held by him, unless	Creditor on current
bill must treat as security the liability

he is willing to treat the liability of every person	of person antece-
who is liable thereon antecedently to the debtor, and	dently liable to
who has not made a composition, or deed of assign-	debtor.
ment, or been adjudicated bankrupt, as security in his hands, and to estimate the value thereof and de- duct the same from his proof ; in which case he shall, on application being made by any person interested, give up such security for the benefit of the creditors of the debtor upon payment of such estimated value : Provided always, that such estimate (except so far as the creditor may receive any payment as aforesaid in respect thereof)

62° VICTORI2E, No. 15.

Bankruptcy Act—Amendment.

shall not prejudice the right of such creditor to receive from the estate of the debtor a dividend upon the whole amount of such bill or note:

Chairman may ad- v. The chairman of the meeting shall have power to admit or meeting and any resolution proposed thereat, in the event of any dispute as to the amount of a debt in respect of which ally creditor claims a vote, determine such amount :

mit or reject claim	reject a claim to vote, and may, for the purpose of such
to vote.

VI. A creditor may vote either in person or by attorney, appointed by deed or by proxy, such proxy to be appointed by instrument in writing in the prescribed form, signed by the creditor and attested:

Attorney or proxy

may vote.

vii. The chairman shall at the meeting determine whether

Chairman's decision

as totime of meeting

the meeting has been held at a time convenient to the

being convenient.

majority in value of the creditors, and his decision shall

be final:

VIII. If the chairman shall decide that the meeting has not

If chairman decide

been held at a time convenient to such majority, the

time and place con-

meeting shall lapse: Provided that the creditors may

venient to creditors,

meeting to lapse.

pass a resolution that such meeting shall not be deemed

an act of bankruptcy.

meeting not held at

7 .     THE creditors may at such meeting, or any adjournment

Meeting may re-

solve to accept com-

thereof, by an extraordinary resolution, resolve to accept a proposal

position or scheme

for a composition in satisfaction of the debts clue to them from the

of arrangement.

debtor, or a proposal for a scheme of arrangement of the debtor's

affairs,-

,. The composition or scheme shall not be binding on the firmed by an extraordinary resolution passed at a subsequent meeting of creditors, or some adjournment thereof, nor until after a lapse of seven clays from such confirmation ; and, in the event of the Court appointing a day to consider the composition or scheme, the same shall not be binding on the creditors until the Court has approved it :

Composition or

scheme not binding	creditors unless the resolution for the same is con-
unless confirmed.

The subsequent meeting shall be held not less than five nor more than fourteen days after the passing of such resolution, at a time and place to be appointed by the chairman of the first meeting, and shall be called by the debtor, his solicitor or agent, by circulars delivered at or posted to the residence or place of business of each of his creditors within three days of the passing of the resolution:

Subsequent meeting

to be held.

62° VICTORLE, No. 15.

Bankruptcy Act—Amendment.

iii.	The chairman of each meeting shall sign a certificate in the prescribed form of the resolution passed at such	Certificates of reso-
lutions, signed by

meeting, and such certificates shall, within three clays of	chairman, to be
the date of the last resolution, be filed in the Court, and	filed in Court.
shall, in the absence of fraud, be conclusive evidence that the meetings were duly convened and held, and the resolutions duly carried:

iv. Any creditor may, within seven days from the filing of such certificate, apply to the Court to appoint a clay to	Creditor may apply
to Court to appoint a

consider the composition or scheme, which day shall not	day to consider com-
be earlier than fourteen clays from such filing, and	position or scheme.
notice of such appointment shall be given by advertise- ment in the Government Gazette and one newspaper

circulating the district where the business of the kr,

debtor has been carried on or where he resides, as well

as one daily metropolitan newspaper:

v. Any creditor may, on filing in Court, three clays at least before the day appointed, a notice of his intention to	Any creditor, on
giving notice, may

oppose the composition or scheme, giving the grounds of	oppose.
objection, be heard against the same ; but the debtor and any creditor may, without notice, be heard in favour thereof :

If the Court shall be of opinion that the terms of the composition or scheme are not reasonable, or are not Courtmayreject coo l

-position or scheme.

calculated to benefit the general body of creditors, or if any such facts are proved as would under this Act justify the Court in the case of bankruptcy in refusing or suspending the debtor's order of discharge, or in adjudging the debtor to be imprisoned at the suit of the trustee, the Court may, in its discretion, reject the composition or scheme :

vit. The Court may approve the composition or scheme, and in such event, or if no creditor shall within the time limited	Court may approve
composition or

for that purpose apply to the Court to appoint a day to	scheme.
consider the same, the composition or scheme shall be binding on all creditors so far as relates to any provable debts :

vitt. If default be made in payment of any instalment clue in pursuance of the composition or scheme, or if it appears to	Court may annul com-
position or scheme.

the Court that the composition or scheme cannot, in con- sequence of legal difficulties or for any sufficient cause, proceed without injustice or undue delay to the creditors or to the debtor, or that the approval of the Court was obtained by fraud, the Court may, on the application of

62° VICTORI No. 15.

Bankruptcy Act—Amendment.

any creditor or of the debtor, annul the composition or scheme, but without prejudice to the validity of any sale, disposition, or payment duly made, or thing duly clone, under or in pursuance of the same :

Order of rejection or	ix.	In the event of any composition or scheme being rejected rejection or annulment shall not take effect unless a receiving order be applied for by or against the debtor within seven days from the date of the order :
annulment to take

effect, if adjudication	or annulled under the preceding provisions, the order of
obtained.

Persons deemed	x.	Every person who would be entitled to prove in bank- ruptcy shall be deemed a creditor within the meaning of this section, and in case there shall be any dispute as to the right of any person to be deemed a creditor, or as to the amount of his debt, or the value of his security, the Court may settle such dispute.
creditors.

Creditors may8. THE creditors may, by special resolution at any meeting

resolve that debtor under this Act or ally adjournment thereof, resolve that the execute a deed of debtor execute a deed of assignment under this Act to a. trusteeassignment.

to be named in such resolution.

IF such resolution be carried, a certificate thereof, in the

Chairman's

certificate of	prescribed form, signed by the chairman, shall be filed in the Supreme
resolution to be	Court, and such certificate, provided that the provisions of this Act
filed in Court.	in respect to the convening and holding of such meeting have been duly complied with, shall, in the absence of fraud, be conclusive evidence that such meeting was duly convened and held and such resolution duly passed.

Chairman may 10. THE chairman signing the certificate mentioned in the last

grant warrant to	preceding section may, from time to time, after the same shall have
seize debtor's	been issued, grant a warrant, under his hand, in the prescribed form,
personal estate.	authorising the person therein named and his assistants to seize all the personal estate of the debtor ; and such warrant shall have the same force and effect and confer the same powers and authorities as a warrant of the Court to seize the personal estate of a debtor, and continue in force till superseded by a fresh warrant, or by the order of the trustee under the deed, or by a receiving order being made against the debtor.

11. THE debtor shall, upon the passing of such resolution,

to trustee. Debtor may convey forthwith convey and assign his real and personal estate by deed,

for the benefit of his creditors, to the trustee named in such resolution. In default of his so doing, the Court may order him to be imprisoned for any term not exceeding three months.

62° VICTORIA, No. 15.

Bankruptcy Act—Amendment.

12. EVERY such deed shall comply with the following1:5 Provisions relating

provisions :— to deed.

I. It shall purport to be made " in pursuance of The Bank- ruptcy Act Amendment Act, 1898 " :

In pursuance of

"The Bankruptcy

Act, 1s92, Amend-

1. It shall contain, in a first schedule annexed, a true and particular account of all the property of which the debtor,

ment Act."

Schedule of

or any person in trust for him, is possessed, or to which he,	property.
or any such person, is entitled legally or equitably in possession, reversion, remainder, or expectancy, so far as the debtor can set forth the same, except such articles of household furniture, wearing apparel of the debtor and his family, tools, or implements of his trade, not exceeding in the whole the value of Twenty pounds, as the debtor shall select :

It shall contain, in a second schedule, the names of the several creditors of the debtor, and the several amounts Sch rth of il e

due, or supposed to be due, to them respectively : Provided creditors.

'ma

that, with respect to any debt due on an outstanding bill of exchange or promissory note, the actual holder of which shall then be unknown to the debtor, it shall be sufficient if that fact be stated in such schedule with the amount of such bill or note, and the date when the same will fall clue, and if the name of the last holder thereof be given, and the names of the parties thereto, so far as known to the debtor :

v. A declaration by the debtor, in the prescribed form, verifying the contents of such schedules, shall be attached	Debtor's declaration
verifying schedules.

to the deed :

v. The deed shall be executed by the trustee within seven days of the debtor's execution thereof, and the execution Id:ereurNevettit ion execute

by the debtor and trustee shall be respectively attested by	days of debtor.
an Official Receiver, Registrar, Practitioner of the Supreme Court, Justice of the Peace for the said Colony, or clerk of a Local Court ; and each witness shall specify the date on which the execution so attested was made :

vi.	Forthwith after the execution of the deed by the debtor, a notice of the deed, containing the name, residence, and	:Tiven
Notice to the deed e dRteoriboe.

description of the debtor, and the name of the trustee,	tray of the Court°.
and specifying where the deed is lying for inspection and execution, shall be given to the Registrar of the Court and to the Official Receiver ; and the cost of
advertising the same in the Government Gazette shall at
the same time be paid:

62° VICTORIIE, No. 15.

Bankruptcy Act—Amendment.

vu. The deed shall be assented to by three-fourths in value

Must be assented to

by three-fourths in and one-half in number of the creditors, every creditor Every creditor, for the purpose of this section, shall be

value and one-half	for under Ten pounds being reckoned in value only :
in number.
Secured creditors.	accounted a creditor for value for such sum only as upon an account fairly stated, after allowing the value of securities or liens held by such creditor, and the amount of any debt or set-off owing from the creditor to the debtor shall appear to be the balance due to such creditor:

Assents to be ob- ix. The assents shall be given as regards creditors resident in

tained from resident	the said Colony, or having therein a known duly
creditors within ten
days; from others,	authorised agent, within twenty-one days from the
six months.	execution of the deed by the debtor, and as regards other creditors within three months from such execution:

x.   Every assent shall be given by signature to the deed, or statement in the prescribed form attested by one witness, which shall be deemed equivalent to a proof of debt in bankruptcy, and such statement shall be prepared by and at the cost of the creditor making the same:

Assent by signature

to deed or written	by written document, and shall be accompanied by a
document.

xi.    Any partner of a firm of creditors may sign or assent to of the firm, and any agent duly authorised in writing may sign or assent to the deed and supply such state- ment on behalf of a creditor, and such partner or agent shall aver in such statement that he is such partner or agent, as the case may be.

Partner may assent

for firm, or agent for	the deed, and supply the requisite statement on behalf
principal.

Sub-section (a) of 13. SUB-SECTION (a) of Section six of the Bankruptcy Act,

section six of	1892, shall be amended by inserting therein £30 in lieu of £50 as
55 Wet., No. 32,
amended.	therein provided.

EVERY such deed, until the same shall be set aside as herein provided, shall release the debtor from all provable debts, and shall vest in the trustee all the property of the debtor (except such necessaries as aforesaid) upon the trusts and for the purposes in and by such deed declared or deemed to be declared; and the trustee may recover the property, including choses in action in his own name, as trustee for the estate of the debtor, in like manner as a trustee in bankruptcy.

Deed a release of all 14.

provable debts.

All persons bound	15.	FROM and after the execution of every such deed by the
by deed liable to

provisions of Act as	debtor and the trustee thereof, all parties to such deed, and all
if debtor adjudged
insolvent.
persons bound thereby, shall, in all matters relating to the property

62° VICTORLE No. 15.

Bankruptcy Act—Amendment.

conveyed and assigned by such deed, or belonging to or vested in the debtor prior to such deed, be subject to the jurisdiction of the Court, and shall, except where the contrary shall be declared or provided for by this Act or the deed respectively, have the benefit and be liable to all the provisions of this Act in the same or like manner as if the debtor had been adjudged bankrupt, and the creditors had proved, and the trustee had been appointed trustee under such bankruptcy ; and the existing or future trustee of any such deed, and the creditors under the same, shall, as between themselves and the debtor, and against third persons, have the same powers, rights, and remedies with respect to the debtor and the property aforesaid as are possessed or may be used or exercised by a trustee in bankruptcy or creditors with respect to a debtor or his acts and property in bankruptcy.

AFTER the execution of the deed by the debtor the Court may, on his finding sufficient surety or sureties to enter into a recog-	Protection to
debtor.
nisance to the Official Receiver, in the prescribed form, grant an order protecting the debtor from arrest from all process for such period as the Court may see fit, and the Court shall have power from time to time to renew such protection or to withdraw the same ; and if any debtor, on the granting of such order, shall be in prison or custody, or shall thereafter be imprisoned or taken into custody on civil process, having been arrested or committed to prison for debt or damages, or upon any attachment or order, or commitment for or respecting the non-payment of money, or for contempt of Court, and from which imprisonment lie might be discharged upon payment of money, the Court may, by warrant, order his immediate release : Provided that such release shall in nowise affect the right of any creditor against the debtor except the right of detaining him in prison so long as he shall have the protection of the Court.

16.

17.

IF any debtor shall be arrested for debt, or while protected by order of the Court, he shall, on producing such protection -

th one t ioT:à

protection order to the person arresting him, and giving him a copy debtor to be dis-

thereof, be immediately discharged ; and if any person shall detain el'arged*

any debtor after he shall have shown such protection order to him,

except for so long a time as shall be necessary for obtaining a copy of

the same, such person shall forfeit to such debtor, for his own use,

the sum of Five pounds for every clay he shall detain such debtor, to

be recovered, with costs, summarily in the name of the debtor before

any two Justices of the Peace.

18, ANY property, which in the event of the debtor's bankruptcy

would have been available to the trustee by reason of the same having Proper tyT,inpintted ii.roperr

been in the possession, order, or disposition of the debtor, and of his =1

having been reputed owner thereof, or having taken upon himself passing by deed'

the sale, alteration, or disposition thereof as owner, or for any other

62° VICTORI2E, No. 15.

Bankruptcy Act—Amendment.

reason, shall be deemed to be property conveyed and assigned by the

deed.

Effect of execution 19. AS long as any such deed shall remain in force, the execution (i.) An act of bankruptcy committed by the debtor on the date of the meeting of creditors at which such deed was resolved upon :

of deed.

thereof by the debtor shall, so far as consistent with the other

provisions hereof, be deemed for all purposes equivalent to

(2.) The filing of a petition for a receiving order against him :

(3.) An adjudication of bankruptcy against him.

Creditors to have 20. THE creditors of every such debtor shall have the same

same rights as in

rights respectively as to set-off, mutual credit, lien, and priority, and

insolvency.

joint and separate assets shall be distributed as in bankruptcy, and the right or remedy of any creditor against any person other than the debtor shall not be prejudiced or affected by his being a party to any such deed as aforesaid, or by the same being obligatory upon him; and every person who would be entitled to prove in bankruptcy shall be deemed a creditor within the meaning of this Act, and the trustee of any deed under this Act shall, except as in cases by this Act, definitely provided have the same powers and duties as a trustee under a bankruptcy, under the principal Act, and in case there shall be any dispute as to the right of any person to rank as a creditor, or as to the amount of his debt, the Court shall have jurisdiction to settle such dispute.

ANY creditor who shall not appear as such in the Schedule

Creditor not appear- 21.

ing in Schedule may to the deed may obtain the benefit of such deed, by sending to the obtain benefit of deed. trustee particulars of his debt and a statement of account between

him and the debtor, with a declaration verifying: the same, in like manlier as in bankruptcy, and by signing the deed or assenting thereto in writing.

ANY person stating himself in writing to be a creditor of

Creditor entitled to 22.

inspect deed, &e. the debtor shall be entitled personally or by his attorney or agent, at

all reasonable times on application to the trustee of the deed, or his attorney or agent at the place where such deed may be lying for inspection and execution, to inspect such deed and the schedules thereof, and the assents of creditors and all statements and accounts furnished by creditors, and any books, accounts, papers, or documents relating to the property of the debtor which may be in the custody, control, possession, or power of the trustee, and may make copies of or take extracts therefrom.

62° VICTORIAE No. 15.

Bankruptg Act—Amendment.

23. ANY creditor or trustee may upon making affidavit that he Trustee or creditor

suspects the debtor has not fully disclosed his estate and effects, or may cause debtor to

had within four calendar months prior to the execution of the deed be examined in

made a fraudulent preference to any creditor, or that the debtor has Court'

concealed, or is making away with, or improperly or fraudulently

dealing with the property of the debtor or any part thereof, cause

the debtor to appear and be examined in the Court.

21 THE debtor or any creditor may, upon making affidavit D e%bo o sre creditor

the trustee has concealed, or is making away with, or improperly may t an cause

or fraudulently dealing or improperly carrying out his duties in to be examined in

connection with the estate and effects of the debtor, cause the court

trustee to appear and be examined in the Court.

25. NOTHING in the two preceding sections contained shall Preservation of

take away or abridge ally jurisdiction or authority belonging to other powers in

the Court independently thereof. Court.

26, THE trustee of every deed shall comply with the following Trustee shall:

provisions :-

1. He shall, with all convenient speed after he ha.s executed the same, cause notice of such deed, and of the place where the same is lying for inspection and execution, to be given to the several creditors whose names appear in the second schedule to the deed, by the like means and in die like manner as is required to be given by the Official Receiver before the sitting appointed for the public examination of a debtor :

He shall, within fourteen clays from the execution of such deed by the debtor, file in the Court a true copy of such deed, with the schedules and debtor's declaration, and all assents and statements relating thereto, which shall be open to public inspection :

He shall once in every four months, if ordered by the Court, until the estate be finally wound up, file in the Court a statement of the whole estate of the debtor as then ascertained, of the property recovered, and of the property outstanding, specifying the cause of its being so out- standing, and of all receipts and all payments made (which shall be audited by the Auditor General) or to be made, and of the amount in the pound, if any, proposed to be divided amongst the creditors, and the amount, if any, proposed to be retained for further contingencies ; and the trustee shall forthwith cause notice of the filing of such account, and of the amount in the pounds, if any, proposed to be paid, to be given by advertisement

62° ITICTORLE, No. 15.

Bankruptcy Act—Amendment.

in the Government Gazette and one newspaper circulating

in the district where the business of the debtor has been carried on, or where he resides, as well as one daily metropolitan newspaper :

iv. He shall open a banking account in the name of the trust estate with some incorporated bank, and shall pay into such account all moneys received by him on account of the estate, and shall pay all moneys payable by such trustee on account of the estate by cheques

drawn on such account ; and no trustee shall at any time

keep in his hands any sum exceeding Twenty pounds

for more than ten days :

On application of v. The trustee of every deed hereafter to be made under this

Official Receiver,	Act shall, at the expiration of twelve months from the
pay moneys belong-
ing to estate into	date of the deed, on the application of the Official
court.	Receiver at the request of not less than three creditors, forthwith pay into Court all moneys in his hands, or to his credit, belonging to the assigned estate ; and every trustee retaining any such moneys in his hands, or under his control, in contravention of this sub-section for a period of one month after such application, and every trustee retaining money in his hands in contravention of the last sub-section, shall suffer the following the conse- quences, that is to say

He shall pay interest at the rate of Twenty pounds per centum per annum on the amount of such moneys so retained by him, to be computed from the time, or respective times, of his receipt of such moneys ; and such interest shall be deemed portion of the estate for which .such trustee is liable to account :

The Court may also, unless lie can show to the Court a sufficient reason for such retention of money, failure to furnish accounts or information, as the case may be, remove him from his office, and he shall then have no claim for remuneration :

The Court may also order him

To pay to such creditors or the Official Receiver all costs and expenses incurred through such miscon- duct, default or removal:

To pay into Court, to the credit of the estate, a sum not exceeding One hundred pounds for every such misconduct or default :

vt. Out of the moneys so paid in, the Official Receiver shall

Official Receiver to

make payment as	make any payments that the trustee shall direct on
directed by trustee.	account of the estate :

62° VICTORIA, No. 15.

Bankruptcy Act—Amo-linen t.

vii. Previously to declaring a dividend out of the money paid into Court the trustee shall file in Court a dividend- File dividend-sheet.

sheet, showing the amount of the dividends clue to the respective creditors, and the Official Receiver shall pay such dividend out of the moneys so paid in :

He shall, at least one month before the final winding	Give notice to credi-
up of the estate, which shall not be later than twelve	tors who have not
months from the date of the deed, unless by leave of the	assented to deedprior to final wind-
Court, cause notice to be given, by letter through a	ing up.
post office, to each person appearing to be a creditor who shall not have assented to the deed, stating the amount of the dividend appearing clue to him, and that unless he shall assent to the 'deed and claim the said dividend within one month from the posting of such notice, if resident in the Colony, he shall be excluded from all benefit of the said dividend, and the trustee shall afterwards cause the amount of the said dividend to be divided amongst the remaining creditors : Provided that, if there shall be any creditor residing beyond the jurisdiction of the Court, such notice shall be given not less than four months before the final winding up of the estate:

ix.	He shall, when the estate is finally wound up, make out a full and true account, verified upon oath by the	Make a final
account when

trustee, of the gross amount of all moneys which shall	estate wound up.
have come to his hands, showing how the same has been disposed of, and the amount in the pounds paid to the creditors, and forthwith file the same, with the verifying affidavit, in Court :

x. He shall, within one month after demand furnish to the Account to Official

Official Receiver an account of the estate in the	Receiver on
prescribed form.	demand.

27, THE Court may at any time, within four months from Court may declare

the execution of the deed by the debtor, declare such deed to	deed void.
be void on the ground that the provisions of Section twelve of this Act, or some or one of them, have not been complied with, or on the ground of fraud, or of any wilful and material error or omission in either of the schedules annexed to the deed, and thereupon the debtor shall be declared a bankrupt by the Court.

28. IN considering any application for an order declaring any Technical objec-

such deed void, and in considering any application for a certificate	tions not to be con-
under Section thirty-five, the Court shall not make any such order or	sidered when Comtasked to grant cer-
abstain from granting any such certificate merely because the declara-	tificate of validity
tion required to be made by the debtor, or any schedule to the deed, or	or to declare deedoid.

62° VICTORIIE No. 15.

Bankruptcy Act—Amendment.

all or any of the statements required to be furnished by creditors are not in the prescribed form, or do not contain the particulars required by this Act, if the Court shall be of opinion that any omission or irregularity in any such declaration or statement was not wilful and material ; nor shall such order be made or certificate refused if the Court shall consider that the grounds of objection to the deed are not substantial.

29.      WHEN any deed shall be declared void, all acts bond fide

trustee under deedclone under it by the trustee thereof, before service upon the trustee	Indemnity to
declared void. of a copy of the order declaring it void, shall be valid awl effectual.

Service of the copy order may be effected either personally or by leaving the same with the trustee's solicitor, or at the place mentioned in the notice as the place where the deed is lying for inspection and execution.

30.      THE Court shall make all just allowances to the trustee,

Court to make just and further, may make order that such trustee shall be indemnified, in

allowance to trustee.

such manner as the Court shall provide, from and against all actions and other proceedings to be brought against him for or arising out of any act or omission in relation to his trusteeship.

31.      THE Court may, from time to time, on the application of a

Power of appoint- creditor, or debtor, or trustee, remove from his office any trusteement and removal of trustee. under a deed made under this Act, and may appoint a new trustee or

trustees, either solely or jointly, with the continuing trustee or trustees ; and upon such appointment all property belonging to the assigned estate shall vest in the new trustee or trustees solely or jointly with the continuing trustee or trustees, as the case may be, and the new trustee or trustees shall have the same rights and powers, and perform the same rights and powers, and perform the same duties, and be subject to the same liabilities, as if he or they have been the trustee or trustees to whom the original assignment was made.

Deed prima facie32. EVERY deed purporting to be executed by the debtor and

evidence of exact- trustee, and attested as hereinbefore provided, shall be prima filcie

tion and attestation. evidence of such execution and attestation respectively ; and every

debtor's declaration attached to the deed in pursuance of the pro- visions of this Act, and every statement accompanying a creditor's assent to such deed, shall be prima facie evidence of the making thereof and of the truth of the matters therein declared to or stated, and no such deed made in pursuance of a resolution, as mentioned in Section seven, shall be liable to be impeached or disturbed except in manner hereinbefore provided.

Court may gran 33. THE trustee of a deed or the debtor may at any time apply

certificate of	o the Court to appoint a meeting to inquire into the validity of the
validity of deed.

62° VICTORI1E No. 15.

Bankruptcy Act—Amendment.

deed, of which meeting the trustee or the debtor shall give at least nine days' notice to the creditors whose names appear in the schedule to the deed, by the like means and in like manner as is required to be given by the Official Receiver, before the sitting for the public examination of a bankrupt ; and at such meeting the Court shall inquire whether the provisions of Section twelve of this Act, affecting the validity of the deed, have been complied with, and if the Court finds such provisions have been complied with, the Court shall thereupon grant a certificate of such finding, in the prescribed form, and such certificate shall, in all Courts, be conclusive evidence of the due execution and validity of such deed.

THE trustee of any deed may retain out of the estate, as a remuneration for his care and trouble in and about the execution of the trusts thereof, such a sum of money or percentage as may be allowed by the Court or fixed by the deed and approved by the Court, not exceeding ten per centum on book debts collected and five per centum on other assets realised.

34.

35.

WHEN the trustee shall declare any dividend, the sum pro- posed to be divided shall, except in the case of a final dividend, be	Persons to whom
dividend to be paid.
apportioned ratably amongst all the persons appearing to be creditors of the debtor ; but the dividend shall be paid to such creditors only as have assented, or shall assent thereto in writing, and no dividend shall be declared until fourteen days after the publication of the intention of the trustee to pay such dividend in the Government Gazette and one newspaper circulating in the district where the debtor has been carrying on business or residing, and one daily metropolitan newspaper.

NO action for any dividend shall be brought against any

trustee by any creditor ; but if such trustee shall refuse to pay such Enforcing payment

dividend, the Court may order payment thereof, with interest for

the time the same shall have been withheld, and may also order the

costs of the application.

36.

IF, during the period of twenty-one clays after the debtor's execution of such deed as before-mentioned, and before such deed 9 effib et eo ss epi zrHarty to

37.

shall have been assented to by the requisite majority of creditors, the pay proceeds into

goods and chattels of such debtor shall be seized or sold by virtue of c•t.

any sequestration, execution, or other process at the suit of any

creditor, the sheriff or bailiff charged with the execution of such

process shall, after notice of such deed, pay the same into the Court out

of which such process shall have issued; and the creditor at whose suit

such process shall have issued shall not be entitled to the proceeds

thereof, or any part thereof, until the expiration of the said period of

twenty-one days, when, if such deed has then been assented to by the

62° VICTORDE, No. 15.

Bankruptcy Act—Amendment.

requisite majority of such creditors, the proceeds shall be paid to the trustee of such deed as part of the general estate of the debtor, or may be recovered by such trustee on summary application to the Court in which the same has been paid, and on proof of the requisites in that behalf.

Corporation or body 38, NO corporation or body corporate shall make any coin-

corporate. position or deed of assignment under this Act.

His duties. 38, THE duties of the Official Receiver shall be as follows :-

Publish notices of I. To publish in the Government Gazette all notices received

deed. by him of any deed under this Act :

Enforce observance u. To enforce the observance by trustees of all deeds of

of dutiesby trustees. assignment hereunder :

Other duties. in. To perform all other duties imposed on him by this Act.

If at meeting of 40, NOTWITHSTANDING anything to the contrary con-

creditors special re-	tained in "The Bankruptcy Act, 1892." if, at a meeting of creditors,
solutions accepting
Composition or	under Section four, or some adjournment thereof, a resolution ac-
scheme of arrange-	cepting a proposal for a composition or scheme, or for the execution
ment, or that debtor
execute deed not	by the debtor of a deed of assignment under this Act, or a resolution
carried, or if debtor	by a majority in value of the creditors present personally, by
do not execute deed.	attorney or by proxy, that such meeting shall not be deemed an act of bankruptcy, be not duly passed, or if the debtor shall not execute a deed of assignment pursuant to a resolution therefor within seven clays from the passing of such resolution, or if a resolution accepting a proposal for a composition or scheme be not duly confirmed, as provided by Section seven, Sub-section one, but not otherwise, the debtor shall be deemed to have committed an act of bankruptcy on the date of the first meeting of creditors : Provided that a petition for a receiving order in respect of the estate of the debtor be filed within two months from the date of such first meeting.

IF any composition or scheme of arrangement shall be

If composition or 41.

scheme rejected or rejected or annulled under Section seven, Sub-section six or eight, the annulled by Court. first meeting of creditors shall be deemed an act of bankruptcy on the

part of the debtor : Provided a petition for a receiving order be filed against him within seven days from the date of the order of rejection

or annulment.

42.      THE trustee, in realising the estate, shall, as far as nrac-

Trustee to consu lt

wishes of creditors ticable, consult the wishes of the creditors thereon, and for that as to realisation. pm-pose may summon meetings of the persons claiming to be

62° VICTORLE, No. 15.

BanknVey Act—Amendment.

creditors, and shall at all times furnish the Official Receiver with such information and particulars relating to the estate as the Official Receiver shall require.

43, IN any criminal proceeding instituted by or under this Act, Deed to be evidence

the production or proof of a deed purporting or expressed to be inecriminal proceed-

made in pursuance of this Act, and proof that the same was ings.

executed by the debtor shall be Nima facie evidence of such deed

and the contents thereof for all purposes of such criminal proceed-

ing, notwithstanding any alleged defect in such deed or non-

compliance with the provisions of this Act.

44.      ANY deed of assignment or other proceeding or order in Proceedin gs

bankruptcy purporting to have been filed in bankruptcy, or pur- porting to be

in

purporting to be signed by a Judge and appearing to be sealed with the seal of the Court, or any writing purporting to be a copy of any such document or proceeding as aforesaid and so sealed, shall at all times, and on behalf of all persons, and whether for the purpose of this Act or otherwise, be admitted in all Courts whatever, as evidence of such documents respectively, and of such proceedings and orders having respectively taken place or been made, and be deemed respectively records of the Court, without any further proof thereof.

porting to have been taken in any matters in bankruptcy ca. . fled to be evidence.

ALL Courts, and all persons judicially acting, shall take judicial notice of the signature of any Judge or Official Receiver,	Judicial notice to be
taken of signature
and of the seal of the Court subscribed or attached to any judicial or	of Judge, &c.
official proceeding or document under the provisions of this Act.

45.

46, A COPY of the Government Gazette containing any adver- Gazette evidence.

tisement by this Act directed or authorised to be made therein shall be evidence of any matte ,: contained in such advertisement. All proceedings or notices required by this Act to be inserted in the

Government Gazette shall be sealed with the seal of the Court.

ANY debtor shall, in any examination in the Court, be compellable to answer any question put to him, and in regard to any	To answer all ques-
tions, even when
question having for its object the discovery of any part of the debtor's	answer criminates.
property, notwithstanding such answer may tend to criminate him.

47.

NO person intending to become bankrupt shall sell or

dispose of any portion of his estate for the purpose of enabling pay costs.

such person to pay his costs of and incidental to such bankruptcy,

and any solicitor or agent receiving the proceeds of any estate, know-

ing the same has been sold for the purpose aforesaid, in payment of

Not to sell estate to

48.

62° VICTORIIE, No. 15.

Bankruptcy Act—Amendment.

such costs, shall be liable to refund the same to the Official Receiver or trustee in such estate. In every case the costs of the bankrupt's solicitor shall be liable to taxation, and such solicitor shall refund to the trustee or Official Receiver any amount received by him from the bankrupt in excess of the amount allowed on such taxation, or receive from the estate of such bankrupt any amount so allowed in excess of the sum which he shall have so received.

Solicitor3s or agent's 49. ANY solicitor acting under instructions of the debtor, for

charges. the purpose of enabling the debtor to obtain the protection of this Act, shall be allowed fair and reasonable charges out of the first proceeds of the estate, and any agent acting under instructions of the debtor in the calling of the first meeting and preparing a state- ment of affairs shall be allowed a fair and reasonable charge (to be fixed by the Official Receiver) for so doing, out of the first proceeds of the estate.

50.       THE forms in the First Schedule may be used until altered

Forms.

by rule, and shall be deemed sufficient for the purposes for which

they are prescribed.

THERE shall be paid, in respect of the registration of deeds under this Act, the sum of Ten shillings.

Fees. 51.

52     THE word " three " shall be, and is hereby substituted for

•

Amendment 55

Viet., No. 34, s. 41. the word " twelve " in the eighth line of Section forty-one of the

Bankruptcy Act, 1892.

SUB-SECTION two of Section forty-six of the Bankruptcy Act, 1892, shall not apply to a bill of sale of personal chattels, given as a security for the drawing, accepting, indorsing, making, or giving of any bill of exchange, promissory note, or guarantee, or other matter or thing by the grantee to, for, or on behalf of the grantor on the security of any bill of sale, and contemporaneously with the givin i

53.

Amendment 55

Viet., No. 34, s. 46.

-thereof.

(I.) Rules for carrying this Act into effect may be made, revoked, and altered from time to time by the Chief Justice, in the like manner in which rules may be made under or for the purposes of the Bankruptcy Act, 1892.

Rules.

(2.) Such rules as may be required for the purposes of this Act may be made at any time after the passing of this Act.

NOTWITHSTANDING any thing in the Bankruptcy Act, 1892, to the contrary, no Official Receiver or other person holding office under the Government shall hereafter be entitled to

Public officials not 54.

to receive fees.

62° VICTORIZE, No. 15.

Bankruptcy Act—Amendment.

charge or receive any fee or reward for instituting, conducting, or defending any proceedings at any stage thereof in any Court of Law, or in connection with any meeting of creditors, or proceedings thereat, or consequent thereon.

55. ALL public officers now or hereafter to be appointed for

the purposes of the Bankruptcy Act, 1892, and this Act, shall in tinkon,',),d tiuYer

standing.

all things concerning the performance and carrying out of their of Attorney General.

respective duties and powers thereunder, and respecting expenses

chargeable by them against estates, be under and subject to the

control and direction of the Attorney General, anything in the

In the name and on behalf of the Queen I hereby assent

to this Act.

ALEX. C. ONSLOW, Governor's Deputy.

62° VICTORI1E, No. 15.

Bankruptcy Act—Amendment.

First Schedule.

CHAIRMAN'S CERTIFICATE OF EXTRAORDINARY RESOLUTION FOR ACCEPTANCE OF

COMPOSITION OR SCHEME OF ARRANGEMENT, OR FOR CONFIRMATION.

No. 1.

I HEREBY certify that at a meeting of the creditors of , of

, duly convened and held at , on the

day of	, 18 , the following extraordinary resolution was duly passed
(copy resolution).

Dated the day of 189 .

Chairman.

No. 2.

Chairman's Certificate of Special Resolution for Deed of Assignment.

[ HEREBY certify that, at a meeting of the creditors of of , duly

convened and held at on the day of 18 , a special

resolution was duly carried that the said do execute a deed

of assignment in pursuance of the Bankruptcy Act Amendment Act, 1898

to of as trustee.

Chairman.

No. 3.

Warrant to Seize Personal Estate of Debtor.

WHEREAS at a meeting of the creditors of of , duly

convened and held at on the day of 18

a special resolution was duly carried that the said do execute a deed of assignment in pursuance of the Bankruptcy Act Amendment Act, 1898, to of as trustee - This is to authorise you to sieze all the personal estate of the said

To A.B., of , and his assistants.

Chairman of the said meeting.

62° VICTORI2E, No. 15.

Bankruptcy Act—Amendmen

No. 4.

Declaration by Debtor verifying Schedules.

Western Australia )

to wit.

IN the matter of the deed hereto annexed, made in pursuance of the Bankruptcy Act Amendment Act, 1898, whereby (1) 'conveys and assigns his

real and personal estate to (2) as trustee, for the benefit of his creditors,

which deed is dated the (3) day of 18 , I, (1) of

(4) hereby declare as follows :—

1. The foregoing First Schedule contains a true and particular account of all the property (except certain articles of household furniture, wearing apparel, and like necessaries of myself and my family, which are hereunder specified, and which

I claim to retain) of which I am possessed, or of which any person or persons in

trust for me is or are possessed, or to which I, or any such person or persons, am, is, or are entitled legally or equitably in possession, reversion, remainder, or expectancy, so far as I am able to set forth the same.

2. The foregoing Second Schedule contains the names of my several creditors,

and the amounts respectively due to such creditors, so far as I am able to set

forth the same.

3. The excepted articles referred to in the first paragraph of this Declaration, and which I claim to retain, are set forth hereunder (5) :

4. The excepted articles mentioned in the last paragraph hereof do not exceed in value the sum of Thirty pounds.

Declared at (6) this (7) day of (9) 18 , before me, the

undersigned, a (8) of the said Colony (10).

Directions to be observed in the use of the foregoing form.

The blanks are to be filled up as follows :-

1. Name of debtor. 2. Name of trustee. 3. Date of deed.

4. Residence and occupation of debtor.

5. List of articles retained.

6. Place where declaration taken.

7. Date when declaration taken,

8. Official Receiver, Registrar, Practitioner of the Supreme Court,

Commissioner for taking Affidavits in the Supreme Court, Justice of the Peace, or Clerk of Local Court, as the case may be.

9. Signature of debtor declaring.

10. Signature of person taking declaration.

62° VICTORL1, No. 15.

Bankruptcy Act—Amendment.

No. 5.

Statement by Creditor assenting to Deed.

IN the matter of a Deed made in pursuance of the Bankruptcy Act Amend- ment Act, 1898, by , of , in the Colony of Western

Australia, and dated the clay of , 18" .

Addresses and occu- Amount of

Christian and Surnames balance due to

of creditor and his Pabons of creditor Amount of Securities or liens, Amount of

and partners (if debt. and value thereof. set-off, ereditur where

Partners (if any). security or

any). et-off.

£ s. cl. £ s. d.

I, the above-named , hereby sti to that the above partial ars are true and correct (if Statement made by partner, add), and that I am a partner of the above-mentioned (names of other partners).

(If Statement made by agent) I, of (residence, occupation), hereby state that the above particulars are true and correct, and that I am an agent of the said (names of creditor or creditors) and duly authorised to make this Statement and to sign or assent to the said deed.

Dated this day of , 18 .

WITNESS (Signature).

No. 6.

Recognisance under Deed of Assignment.

(Name of Court)

In the matter of a deed made in pursuance of the Bankruptcy Act Amendment Act, 1898, by of , dated the

day of , 18 -

Appeared personally of and of and severally

acknowledged that they owed to , Esquire, the Official

Reciever (or the Clerk of the Local Court of ), the sum

of pounds sterling.

WHEREAS the above-named	has applied for an order protecting
his person from all process.

Now the condition of the above recognisance is such that, if the said

shall personally appear before this Court during the currency of the said protection or any enlargement thereof, when lawfully required, the above recognisance shall be void, otherwise shall remain in full force and effect.

Entered into and acknowledged by the said , this

day of , 18 , before me

62" VICTORIZE No. 15. 9

Bankruptcy Act— Amendment.

No. 7.

Protection under Deed of Assignment.

(Name of Court and places of sitting) the day of , 18

In the matter of a deed made in pursuance of the Bankruptcy Act

Amendment Act, 1898, by of . Dated the day of , 18 .

The above-named having procured securities, is hereby protected

from arrest till the c ay of

Dated this day of , 189

By the Court.

(If protection enlarged, add)

Enlarged till the 'ay of next.

Dated this day of , 18 .

By the Court.

No. 8.

Womaut to Release Imprisoned Debtor.

(Name of Court and place of sitting) the day of , 18

In the matter of a deed made in pursuance the

Bankruptcy Act Amendment Act, 1898. the Bankruptcy Act Amendment Act, 1898, and has found sufficient surety as by law required : These are to require and authorise you to discharge the said out of your custody at the suit of whomsoever lie may be detained by you in prison for debt or damages, or upon any attachment or order, or commitment for or respecting the non-payment of money, or for contempt of Court, if the said might be discharged from your imprisonment upon pay- ment of money, and for so doing this shall be your sufficient warrant..

By the Court.

To the Keeper of H.M. Gaol, at

62° VICTORIA:, No. 15.

Bankruptcy Act—Amendment.

No. 9.

Certificate of due Execution and Validity of Deed of Assignment.

(Name the Court and place of sitting) the day of , 18 .

In the matter of a deed made in pursuance of the Bankruptcy Act

Amendment Act, 1898, by of , dated the

day of , 18 .

-Crow the application of , the trustee of the above-mentioned deed (or of the above-mentioned name of debtor), this Court doth find that the above-mentioned deed was duly made and executed under the provisions of the Bankruptcy Act Amendment Act, 1898, and that the provisions of Section 12 of the said Act affecting the validity of the said deed have been complied with.

By the Court.

By Authority : A. CURTIS, Acting Government Printer, Perth.