Meetings and quorum of committee of inspection. Vacancies in committee of inspection. How vacancies in of the bankrupt's property by the trustee (s. 22). (54.) How often do the committee of inspection meet, and what is the quorum? The committee meet at such times as they from time to time appoint, and failing such appointment, at least once a month, and the trustee, or any member of the committee, may also call a meeting as and when he thinks necessary. They may act by a majority of the members present at a meeting, but not unless a majority of the committee are present (s. 22). (55.) In what manner may the office of a member of the Committee of Inspection become vacant? (1.) By resignation in writing, signed by the member, and delivered to the trustee. (2.) By the bankruptcy of the member, or his compounding or arranging with his creditors. (3.) By absence from five consecutive meetings of the committee. (4.) By an ordinary resolution removing a member, passed at any meeting of creditors of which seven days' notice has been given, stating the object of the meeting (s. 22). (56.) How is a vacancy in the committee of committee inspection filled up? of inspection filled up. On a vacancy occurring the trustee is forthwith to summon a meeting of creditors for the purpose of filling the vacancy, and the meeting may, by resolution, appoint another creditor, or other eligible person to fill the vacancy. The continuing members, provided there be not less than two such continuing members, may act notwithstanding any vacancy, and where the number of members is for the time being less than five, the creditors may increase that number so that it do not exceed five (s. 22). (57.) If no committee of inspection is appointed, If no comin whom are their functions vested? mittee of inspection functions If a committee of inspection is not appointed, appointed, any act or thing, or any direction or permission in whom by the Act authorised or required to be done or vested. given by the committee, may be done or given by the Board of Trade on the application of the trustee (s. 22). (58.) May the creditors of a debtor who has been Acceptance adjudged bankrupt, accept a composition or scheme of com in satisfaction of their debts? position. Where a debtor is adjudged bankrupt, the creditors may, at any time after the adjudication, by special resolution, resolve to entertain a proposal for a composition in satisfaction of the debts due to them under the bankruptcy, or for a scheme of arrangement of the bankrupt's affairs; and thereupon the same proceedings are to be taken, and the same consequences are to ensue, as in the case of a composition or scheme accepted before adjudication. If the Court approves the composition or scheme it may make an order annulling the bankruptcy and vesting the property of the bankrupt in him or in such other person as the Court may appoint, on such terms, and subject to such conditions, if any, as the Court may declare (s. 23). (59.) What power does the Court possess of Power of enforcing the carrying out of a composition or scheme accepted by the creditors of a debtor who has been adjudged bankrupt? If default is made in payment of any instalment due in pursuance of the composition or scheme, or if it appears to the Court that the Court to enforce carrying out composition or scheme. Duties of composition or scheme cannot proceed without injustice or undue delay, or that the approval of the Court was obtained by fraud, the Court may, on application by any person interested, adjudge the debtor bankrupt and annul the composition or scheme, but without prejudice to the validity of any sale, disposition, or payment duly made, or thing duly done, under or in pursuance of the composition or scheme. Where a debtor is so adjudged bankrupt, all debts, provable in other respects, which have been contracted before the date of adjudication, are provable in the bankruptcy (s. 23). Control over Person and Property of Debtor. (60.) What are the duties of a debtor as to the debtor as to discovery and realization of his property? discovery and realization of his property. (1.) Every debtor against whom a receiving order is made is, unless prevented by sickness or other sufficient cause, to attend the first meeting of his creditors, and submit to such examination and give such information as the meeting may require. (2.) He is to give such inventory of his property, such list of his creditors and debtors, and of the debts due to and from them respectively, submit to such examination in respect of his property or his creditors, attend such other meetings of his creditors, wait at such times on the official receiver, special manager, or trustee, execute such powers of attorney, conveyances, deeds, and instruments, and generally do all such acts and things in relation to his property and the distribution of the proceeds amongst his creditors, as may be reasonably required by the official receiver, special manager, or trustee, or may be prescribed by general rules, or be (3.) He is, if adjudged bankrupt, to aid, to ment of debtor fail ing to perform statutory duties as to dis (61.) What punishment is a debtor liable to who Punishfails to perform his statutory duties as to the discovery, realization and delivery up of his property? In addition to any other punishment to which he is subject, he will be guilty of a contempt of court, and may be punished accordingly (s. 24). (62.) Under what circumstances has the Court power to cause a debtor to be arrested? covery, and delivery up of property. realization, When arrested. (1.) If after a bankruptcy notice has been issued, or after presentation of a bankruptcy Court can petition by or against him, it appears to the cause Court that there is probable reason for believing debtor to be that he is about to abscond with a view of avoiding (1) payment of the debt in respect of which the bankruptcy notice was issued; or (2) service of a bankruptcy petition; or (3) appearance to any such petition; or (4) examination in respect of his affairs; or (5) of otherwise avoiding, delaying, or embarrassing proceedings in bankruptcy against him. (2.) If after presentation of a bankruptcy petition by or against him, it appears to the Court that there is probable cause for believing (1) that he is about to remove his goods with a view of preventing or delaying possession being taken of them by the official receiver or trustee; Power of Court to order redirection of debtor's letters. Means of obtaining informa tion from persons suspected of having property of debtor in their possession. or (2) 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. (3.) If after service of a bankruptcy petition, or after a receiving order is made, he removes any goods in his possession above the value of £5 without leave of the official receiver or trustee. (4.) If, without good cause shown, he fails to attend any examination ordered by the Court. But no arrest upon a bankruptcy notice will be valid and protected unless the debtor before or at the time of his arrest was served with such notice (s. 25). (63.) What power has the Court to order the redirection of the debtor's letters? Where a receiving order is made, the Court, on application by the official receiver or trustee, may from time to time order, that for such time, not exceeding three months, as the Court thinks fit, post letters addressed to the debtor, at any of the places mentioned in the order, shall be re-directed, sent, or delivered, by the Postmaster-General, or the officers acting under him, to the official receiver or trustee, or otherwise as the Court directs (s. 26). (64.) What means are there for obtaining information from persons suspected to have property of a debtor in their possession ? The Court may, on the application of the official receiver or trustee, after a receiving order has been made, summon before it and examine on oath, either by word of mouth or by written interrogatories, the debtor, or his wife, or any person known or suspected to have in his |