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Power to present petition against one partner. Power to dis
miss petition against some respondents only. Property of partners to be
vested in same
may prove for purpose of voting.
this Act, and in the bankrupt's custody or possession, or in that of any other person, and with a view to such seizure may break open Supplemental any house, building, or room of the bankrupt where the bankrupt is supposed to be, or any building or receptacle of the bankrupt where any of his property is supposed to be; and where the Court is satisfied that there is reason to believe that property of the bankrupt is concealed in a house or place not belonging to him, the Court may, if it thinks fit, grant a search warrant to any constable or prescribed officer of the Court, who may execute the same according to the tenor thereof.
Joint and separate dividends.
Suits by trustee and bank
Joint and separate Estates.
100. Any creditor whose debt is sufficient to entitle him to present a bankruptcy petition against all the partners of a firm may present such petition against any one or more partners of such firm without including the others.
101. Where there are more respondents than one to a petition, the Court may dismiss the petition as to one or more of them, without prejudice to the effect of the petition as against the other or others of them.
102. Where one member of a partnership has been adjudicated a bankrupt, any other petition for adjudication against a member of the same partnership shall be filed in or transferred to the Court in which the first-mentioned petition is in course of prosecution, and, unless the Court otherwise directs, the property of such last-mentioned member shall vest in the trustee appointed in respect of the property of the first-mentioned member of the partnership, and the Court may give such directions for amalgamating the proceedings in respect of the properties of the members of the same partnership as it thinks just.
104. Where joint and separate properties are being administered, dividends of the joint and separate properties shall, subject to any order to the contrary that may be made by the Court on the application of any person interested, be declared together; and the expenses of and incident to such dividends shall be fairly apportioned by the trustee between the joint and separate properties, regard being had to the work done for and the benefit received by each property.
105. Where a member of a partnership is adjudged bankrupt, the Court may authorize the trustee, with consent of the creditors, rupt's partners. certified by a special resolution, to commence and prosecute any
action or suit in the names of the trustee and of the bankrupt's partner; and any release by such partner of the debt or demand to which the action or suit relates shall be void; but notice of the application for authority to commence the action or suit shall be
103. If one partner of a firm is adjudged bankrupt, any creditor to whom the bankrupt 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, but shall not receive any dividend out of the separate property of the bankrupt until all the separate creditors have received the full amount of their respective debts.
given to such partner, and he may show cause against it, and on his application the Court may, if it thinks fit, direct that he shall receive his proper share of the proceeds of the action or suit, and Supplemental if he does not claim any benefit therefrom he shall be indemnified against costs in respect thereof as the Court directs.
106. The registrar, or any other person presiding at a meeting Evidence of of creditors under this Act, shall cause minutes to be kept and duly proceedings at entered in a book of all resolutions and proceedings of such meeting, meeting of and any such minute as aforesaid, if purporting to be signed by the chairman of the meeting at which such resolutions were passed or proceedings had, shall be received as evidence in all legal proceedings; and, until the contrary is proved, every general meeting of the creditors in respect of the proceedings of which minutes have been so made shall be deemed to have been duly held and convened, and all resolutions passed thereat or proceedings had to have been duly passed and had.
107. Any petition or copy of a petition in bankruptcy, any Evidence of order or copy of an order made by any Court having jurisdiction proceedings in bankruptcy. in bankruptcy, any certificate or copy of a certificate made by any Court having jurisdiction in bankruptcy, any deed or copy of a deed of arrangement in bankruptcy, and any other instrument or copy of an instrument, affidavit, or document made or used in the course of any bankruptcy proceedings, or other proceedings had under this Act, may, if any such instrument as aforesaid or copy of an instrument appears to be scaled with the seal of any Court having jurisdiction, or purports to be signed by any judge having jurisdiction in bankruptcy under this Act, be receivable in evidence in all legal proceedings whatever.
108. In case of the death of the bankrupt or his wife, or of Death of wita witness whose evidence has been received by any Court in any ness. proceeding under this Act, the deposition of the person so deceased, purporting to be sealed with the seal of the Court, or a copy thereof purporting to be so sealed, shall be admitted as evidence of the matters therein deposed to.
109. Every Court having jurisdiction in bankruptcy under Bankruptcy this Act shall have a seal describing such Court in such manner Courts to have as may be directed by order of the Lord Chancellor, and judicial notice shall be taken of such seal, and of the signature of the judge or registrar of any such Court, in all legal proceedings.
110. Where a registrar under the authority of this Act attends Expenses of at any place for the purpose of presiding at a meeting of creditors, registrar ator of receiving proofs, or of otherwise acting under this Act, his tending meetings, &c. travelling and incidental expenses incurred in so doing, and those of any clerk or officer attending him, shall, after being settled by the Court, be paid out of the bankrupt's property, if sufficient, and otherwise shall be deemed part of the expenses of the Court. 111. Any person to whom anything in action belonging to the Power of asbankrupt is assigned in pursuance of this Act may bring or defend signee to sue.
any action or suit relating to such thing in action in his own
112. Where a bankrupt is a contractor in respect of any contract jointly with any other person or persons, such person or persons may sue or be sued in respect of such contract, without the joinder of the bankrupt.
113. 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 incumbrance 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 such deed, conveyance, assignment, surrender, admission, or other assurance, either at law or in equity, is or remains the estate of the bankrupt or of the trustee under the bankruptcy, and every power of attorney, proxy paper, writ, order, certificate, affidavit, bond, or other instrument or writing relating solely to the property of any bankrupt, or to any proceeding under any bankruptcy, shall be exempt from stamp duty (except in respect of fees under this Act).
114. Where by this Act any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding, then in the computation of such limited time the same shall be taken as exclusive of the day of such date or of the happening of such event, and as commencing at the beginning of the next following day; and the act or proceeding shall be done or taken at latest on the last day of such limited time according to such computation, unless such last day is a Sunday, Christmas Day, Good Friday, or Monday or Tuesday in Easter Week, or a day appointed for public fast, humiliation, or thanksgiving, or a day on which, in pursuance of a notification by the Lord Chancellor under this Act, the Court does not sit, in which case any act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified.
Where by this Act any act or proceeding is directed to be done or taken on a certain day, then if that day happens to be one of the days in this section specified, such act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards, not being one of the days in this section specified.
115. The registrars and other officers of the courts acting in bankruptcy shall make to the comptroller in bankruptcy such returns of the business of their respective courts and offices, at such times and in such manner and form as may be prescribed by the rules of Court, and from such returns the comptroller shall, in manner prescribed by the rules of Court, frame books (which shall be, under the regulations of the rules of Court, open for public information and searches), and also a general annual report to the Lord Chancellor, judicial and financial, respecting all matters within this Act, which report shall be laid before both Houses of Parliament.
116. Where any dividends remain unclaimed for five years then and in every such case the same shall be deemed vested in the Crown, and shall be disposed of as the Commissioners of Her Majesty's Treasury direct; provided, that at any time after such vesting the Lord Chancellor or any Court authorized by him may, Forfeiture of by reason of the disability or absence beyond seas of the person dividends after entitled to the sum so vested, or for any other reason appearing five years nonto him sufficient, direct that the said sum shall be repaid out of money provided by Parliament.
117. Where a bankrupt is a trustee within The Trustee Act, Removal of 1850, section thirty-two of that Act shall have effect so as to bankrupt from authorize the Court to appoint a new trustee in substitution for trusteeship. the bankrupt (whether voluntarily resigning or not), if it appears to the Court expedient to do so, and all provisions of that Act, and of any other Act relative thereto, shall have effect accordingly. 118. No person, not being a trader, shall be adjudged a bankrupt in respect of a debt contracted before the date of the passing of The Bankruptcy Act, 1861.
Saving as to debts contracted prior to August 1861. 119. Where in any Act of Parliament, instrument, or proceeding Construction of passed, executed, or taken before the commencement of this Act Acts mentionmention is made of a commission of bankruptcy or fiat in bank- ing commission ruptcy, the same shall be construed, with reference to the of bankruptcy, proceedings under a petition for adjudication of bankruptcy, as if &c.
a commission of or a fiat in bankruptcy had been actually issued at the time of the presentation of such petition.
PERSONS HAVING PRIVILEGE OF PARLIAMENT.
120. If a person having privilege of Parliament commits an act Privilege of of bankruptcy he may be dealt with under this Act in like manner as if he had not such privilege.
121. If a person, being a member of the Commons House of Parliament, is adjudged bankrupt, he shall be and remain during one year from the date of the order of adjudication incapable of sitting and voting in that House, unless within that time either the order is annulled or the creditors who prove debts under the bankruptcy are fully paid or satisfied.
Provided that such debts (if any) as are disputed by the bankrupt shall be considered, for the purpose of this section, as paid or satisfied if within the time aforesaid he enters into a bond, in such-sum and with such sureties as the Court approves, to pay the amount to be recovered in any proceeding for the recovery or concerning such debts, together with any costs to be given in such proceedings.
122. If within the time aforesaid the order of adjudication is not annulled, and the debts of the bankrupt are not fully paid or satisfied as aforesaid, then the Court shall, immediately after the expiration of that time, certify the same to the Speaker of the House of Commons, and thereupon the seat of such member shall be vacant.
Parliament not to benefit in bankruptcy. Vacating of
seat in House of Commons.
Certificate of bankruptcy to be given by the Court to the Speaker.
123. Where the seat of a member so becomes vacant the Speaker during a recess of the House, whether by prorogation or by adjournment, shall forthwith, after receiving such certificate, cause notice thereof to be published in the London Gazette; and after the expiration of six days after such publication shall (unless the House has met before that day, or will meet on the day of the issue,) issue his warrant to the clerk of the Crown to make out a new writ for electing another member in the room of the member whose seat has so become vacant.
124. The powers of the Act of the twenty-fourth year of the reign of King George the Third, chapter twenty-six, "to repeal so much of two Acts made in the tenth and fifteenth years of the reign of His present Majesty as authorizes the Speaker of the "House of Commons to issue his warrant to the clerk of the "Crown for making out writs for the election of members to serve "in Parliament in the manner therein mentioned; and for substituting other provisions for the like purposes," so far as such powers enable the Speaker to nominate and appoint other persons, being members of the House of Commons, to issue warrants for the making out of new writs during the vacancy of the office of Speaker, or during his absence out of the realm, shall extend to enable him to make the like nomination and appointment for issuing warrants, under the like circumstances and conditions, for the election of a member in the room of any bankrupt member whose seat becomes vacant under this Act.
LIQUIDATION BY ARRANGEMENT.
125. The following regulations shall be made with respect to the liquidation by arrangement of the affairs of the debtor : (1.) A debtor unable to pay his debts may summon a general meeting of his creditors, and such meeting may, by a special resolution as defined by this Act, declare that the affairs of the debtor are to be liquidated by arrangement and not in bankruptcy, and may at that or some subsequent meeting, held at an interval of not more than a week, appoint a trustee, with or without a committee of inspection.
(2.) All the provisions of this Act relating to a first meeting of creditors, and to subsequent meetings of creditors in the case of a bankruptcy, including the description of creditors entitled to vote at such meetings, and the debts in respect of which they are entitled to vote, shall apply respectively to the first meeting of creditors, and to subsequent meetings of creditors, for the purposes of this section, subject to the following modifications:
(a.) That every such meeting shall be presided over by
such chairman as the meeting may elect; and (b.) That no creditor shall be entitled to vote until he has proved by a statutory declaration a debt provable