(5) To report to the creditors as to any proposal. which the debtor may have made with respect to the mode of liquidating his affairs:

(6) To advertise the receiving order; the date of the creditors' first meeting, and of the debtor's public examination (see post, p. 33), and such other matters as may be necessary to advertise:

(7) To act as trustee during any vacancy in the office of trustee (sect. 70).

For the purposes of his duties as interim receiver or manager the official receiver shall have the same powers as if he were a receiver and manager appointed by the High Court, but shall, as far as practicable, consult the wishes of the creditors with respect to the management of the debtor's property, and may for that purpose, if he thinks it advisable, summon meetings of the persons claiming to be creditors; and shall not, unless the Board of Trade otherwise order, incur any expense beyond such as is requisite for the protection of the debtor's property or the disposing of perishable goods. But in cases where the debtor cannot himself prepare a proper statement of affairs (see post, p. 28), the official receiver may, subject to any prescribed conditions, and at the expense of the estate, employ some person or persons to assist in the preparation of such statement. Every official receiver shall account to the Board of Trade and pay over all moneys, and deal with all securities, in such manner as the Board may direct (sect. 70). He may, for the purpose of affidavits verifying proofs, &c., administer oaths; and the trustee in bankruptcy is bound to supply the official receiver with all information, and give him access to such books and documents of the bankrupt as may be necessary to enable him to

Power is given to the deputy for the official And it is provided

discharge his duties (sect. 68). Board of Trade to appoint a receiver in certain cases (sect.. 67). that "all expressions referring to a trustee under a bankruptcy shall, unless the context otherwise requires, or the Act otherwise provides, include the official receiver when acting as trustee " (sect. 68, sub-s. 3).

Effect of Appointment of Official Receiver. After an official receiver is constituted receiver no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy, except as directed by the Act, shall have any remedy against the property or person of the debtor in respect of such debt, or shall commence an action or other legal proceedings except with the leave of the Court. But the power of a landlord to distrain for rent due is especially reserved by sect. 42 of the Act. And the power of any secured creditor to realize or otherwise deal with his security remains also unaffected (sect. 9, sub-s. 2).

SECTION 3.

OF THE DEBTOR'S STATEMENT OF AFFAIRS, AND PUBLIC EXAMINATION, AND THE MEETINGS OF THE CREDITORS.

Debtor's Statement of Affairs. When a receiving order is made the debtor is required to make

out and submit to the official receiver a statement of his affairs, within three days from the date of the order if it is made on the petition of the debtor, or within seven days if the order is made on the petition of a creditor, unless the time is extended by the Court; and if the debtor fails without reasonable excuse to comply with these requirements he may, on application made, be adjudged bankrupt. This statement must be in the prescribed form and be verified by affidavit, and must show the particulars of the debtor's assets, debts, and liabilities, and the names, residences, and occupations of and securities held by his creditors, together with any other information which may be necessary. Any person stating himself in writing to be a creditor may personally or by agent inspect such statement at all reasonable times, and take a copy or extracts from it; but anyone falsely representing himself to be a creditor for this purpose renders himself liable to punishment for contempt (sect. 16).

It should here be stated, also, that by sect. 70 it is provided that in certain cases where a debtor cannot himself prepare a proper statement of affairs, the official receiver may, subject to any prescribed conditions, and at the expense of the estate, employ some person or persons to assist in the preparation of such statement.

First Meeting of Creditors. Within fourteen days from the date of the receiving order, also, unless the Court should deem it expedient to extend the time, the first general meeting of the creditors must be summoned, for the purpose of considering whether a proposal for a composition or scheme of arrangement (see post, p. 106) shall be entertained, or whether it is expedient that the debtor shall be adjudged bankrupt,

and generally as to the mode of dealing with the debtor's property (sect. 15). The meeting shall be held at such place as the official receiver shall consider most convenient for the majority of the creditors, and shall be summoned by the official receiver by giving not less than seven days' notice of the time and place of meeting in the London Gazette and in a local paper. A notice of the time and place of such first meeting, accompanied by a summary of the debtor's statement of affairs, including the causes of his failure, &c., must also, as soon as practicable, be sent by the official receiver to each creditor mentioned in the debtor's statement of affairs; but the proceedings of the first meeting are not invalidated by reason of such notice not having been received. The official receiver or some person nominated by him shall act as chairman at the first meeting (see Schedule 1, Rules 1-4).

Subsequent Meetings. Further, the official receiver or the trustee (see post, p. 39) may at any time summon a meeting of creditors, and shall do so whenever so directed by the Court, or requested in writing by one-fourth in value of the creditors. Such subsequent meetings shall be summoned by sending notice of the time and place to the ordinary address of each creditor. The chairman shall be such person as the meeting by resolution appoints. The chairman may with the consent of a meeting adjourn it from time to time, and from place to place. But no meeting shall be competent to act for any purpose except the election of a chairman, the proving of debts, and the adjournment of the meeting, unless at least three creditors, or all the creditors if their number does not exceed three, are present or represented; and if a quorum is not formed

within half an hour of the proper time the meeting is to be adjourned to the same day in the following week, or to some other day not less than seven or more than twenty-one days from the date. At every meeting the chairman is to cause minutes of the proceedings to be drawn up and entered in a book kept for the purpose, and these minutes are to be signed by him or by the chairman of the next meeting (see Schedule 1, Rules 5, 6, 7, 22—25).

Method of Voting. A creditor may vote either in person or by proxy, but no person shall be entitled to vote as a creditor at the first or any other meeting of creditors, unless he has duly proved his debt, and lodged the proof before the meeting is to take place. Neither can any creditor vote in respect of an unliquidated or contingent debt, or one of which the value is not ascertained. A secured creditor, unless he surrenders his security, is deemed for the purpose of voting to be a creditor only in respect of the balance due to him, after deducting the value of the security, and if he votes in respect of the whole debt he will be considered to have made such surrender. Further, 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 receiving 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. It shall be competent to the trustee or to the official receiver, within twenty-eight days after a proof estimating the value of a security as aforesaid has been