part of the estate of any bankrupt, and which, after the execution of the 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. CORPORATIONS, &c. 148. For all or any of the purposes of this Act a corpora- Acting of tion may act by any of its officers authorised in that behalf corporations, under the seal of the corporation, a firm may act by any of partners, &c. its members, and a lunatic may act by his committee or curator bonis. BINDING CROWN. 150. Save as herein provided the provisions of this Act relating to the remedies against the property of a debtor, the priorities of debts, the effect of a composition or scheme of arrangement, and the effect of a discharge shall bind the Crown. RIGHTS OF AUDIENCE. Certain provisions to Crown. bind the rights of 151. Nothing in this Act, or in any transfer of jurisdiction Saving for effected thereby shall take away or affect any right of existing audience that any person may have had at the commence- audience. ment of this Act, and all solicitors or other persons who had the right of audience before the Chief Judge in Bankruptcy shall have the like right of audience in bankruptcy matters in the High Court. MARRIED WOMEN'S PROPERTY ACT. 152. Nothing in this Act shall affect the provisions of the Married Married Women's Property Act, 1882. TRANSITORY PROVISIONS. 161. In every bankruptcy under the Bankruptcy Act, 1869, pending at the commencement of this Act, where a registrar of the London Bankruptcy Court or of any county court is or would hereafter but for this enactment become the trustee under the bankruptcy, such of the official receivers of bankrupts' estates as may be appointed by the Board of Trade for that purpose shall from and after the commencement of this Act be the trustee in the place of the women. Transfer of estates from registrars of London Court to official receiver. Criminal liability after discharge or composition. Interpretation of terms. registrar, and the property of the bankrupt shall pass to and vest in the official receiver accordingly. CRIMINAL LIABILITY AFTER DISCHARGE OR COMPOSITION. 167. Where a debtor has been guilty of any criminal offence he shall not be exempt from being proceeded against therefor by reason that he has obtained his discharge or that a composition or scheme of arrangement has been accepted or approved. INTERPRETATION. 168. (1.) In this Act, unless the context otherwise requires "The Court" means the Court having jurisdiction in bankruptcy under this Act: "Affidavit" includes statutory declarations, affirmations, and attestations on honour: وو "Available act of bankruptcy means any act of bankruptcy available for a bankruptcy petition at the date of the presentation of the petition on which the receiving order is made: "Debt provable in bankruptcy" or "provable debt" includes any debt or liability by this Act made provable in bankruptcy: "Local bank" means any bank in or in the neighbourhood of the bankruptcy district in which the proceedings are taken: "Oath" includes affirmation, statutory declaration, and attestation on honour: 66 Ordinary resolution means a resolution decided by a majority in value of the creditors present, personally or by proxy, at a meeting of creditors and voting on the resolution: "Prescribed means prescribed by general rules within the meaning of this Act: "Property" includes money, goods, things in action, land, and every description of property, whether real or personal, and whether situated in England or elsewhere, also, obligations, easements, and every description of estate, interest and profit, 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, as a security for a debt due to him from the debtor: "Special resolution" means a resolution decided by a majority in number and three fourths in value of the creditors present, personally or by proxy, at a meeting of creditors and voting on the resolution : REPEAL. 169. (3.) Notwithstanding the repeal effected by this Act, the proceedings under any bankruptcy petition, liquidation by arrangement, or composition with creditors under the Bankruptcy Act, 1869, pending 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 Bankruptcy Act, 1869, shall, except as aforesaid, apply thereto, as if this Act had not passed. 170. After the passing of this Act no composition or liquidation by arrangement under sections 125 and 126 of the Bankruptcy Act, 1869, shall be entered into or allowed without the sanction of the Court or Registrar having jurisdiction in the matter, such sanction shall not be granted unless the composition or liquidation appears to the Court or Registrar to be reasonable and calculated to benefit the general body of creditors. APPENDIX IV. LIST OF METROPOLITAN COUNTY COURTS. The Bloomsbury County Court of Middlesex. The Bow County Court of Middlesex. The Brompton County Court of Middlesex. The Clerkenwell County Court of Middlesex. The Lambeth County Court of Surrey. The Marylebone County Court of Middlesex. The Shoreditch County Court of Middlesex. The Southwark County Court of Surrey. The Westminster County Court of Middlesex. The Whitechapel County Court of Middlesex. INDEX. (The references are to the questions, except where otherwise stated.) ABSCONDING DEBTOR, Arrest of under, 62 ACCOUNTANT IN BANKRUPTCY, Account of, transferred to Bankruptcy Estates Account, 74, p. 147 By special manager as Board of Trade may direct, s. 12, p. 144 By trustee to Board of Trade, 173 ACTS OF BANKRUPTCY, What are acts of bankruptcy, 1 Result of committal of, 2 What is meant by "an available act of bankruptcy," s. 168, p. 154 Must have occurred within 3 months, 3 What is meant by notice of, 129 In case of debtors whose liabilities do not exceed £50, 221-224 1n case of persons dying insolvent, 228, 230-233 |