authorised to sue may prove by an agent. PART IV. (Act of 1861, s. 144.)

TIT. II. CAP. III.

Any person wilfully and corruptly making SEC. X. any declaration for proof of debt is liable to the penalties of perjury. (Act of 1861, s. 145.)

A creditor may also prove his debt by deposition in Court, or in chambers, or before a registrar, or by affidavit, upon his own oath, or upon that of any clerk or other person in his employment. (Act of 1861, s. 146.)

The Court may examine, upon oath or otherwise, any person tendering or who has made a proof, or may require further proof, and may summon any person capable of giving evidence concerning such proof. (Act of 1861, s. 148; Act of 1849, s. 164.)

of accounts.

The official or creditors' assignee must Examination examine all the statements of account, and compare them with the bankrupt's books and documents, and make out a list of the List of crecreditors who have proved, stating the have proved. amount and nature of the debts; which list

is open to the inspection of any creditor who has proved. (Act of 1861, s. 147.)

ditors who

relinquish an

suit.

No creditor who has brought an action or Election to instituted a suit may prove a debt without action or relinquishing the action or suit. And the proving or claiming a debt, under a petition

PART IV. for adjudication, will be deemed an election

TIT. II.

CAP. III. to take the benefit of the petition.

SEC. X.

proof.

1849, s. 182.)

(Act of

Expunging a The Court may expunge or reduce a proof of debt. (Act of 1861, s. 155.)

Debiting

creditors' as

interest.

SECTION XI.

Of the Dividend.

If the creditors' assignee has kept in his

signee with hands more than 50l., the creditors may debit him for interest for the amount, at a rate not exceeding 20 per cent. per annum. (Act of 1861, s. 175.)

Calculation

of a dividend.

List of cre

ditors with their divi

dends.

In the calculation of a dividend, provision must be made for debts due to persons resident in places so distant that they have not had time to tender or establish their proof, and also for undetermined claims. (Act of 1861, s. 176.)

After the meeting of creditors, subsequent to adjudication, the official assignee must prepare a list of creditors entitled to dividend, and set opposite to the name of each creditor his dividend, and forward to every such

creditor a statement of his dividend. (Act PART IV.

of 1861, s. 178.)

TIT. II. CAP. III. SEC. XI.

The like proceedings for the making up and auditing the accounts, and the declara- Subsequent

tion and payment of the dividend, must be
had at every period of four months, or earlier,
until the whole estate is divided. But the
majority in value of the creditors at any such
meeting may postpone the period of declaring
the dividend, or may declare that the second
dividend shall be final. (Act of 1861, s. 179.)
No creditor having security, or having
made an attachment of the goods
chattels of the bankrupt, may receive
than a rateable part of such debt, except in
respect of an execution or extent served and
levied by seizure and sale upon the bank-
rupt's property, or any mortgage or lien
upon the same, before the filing of the
adjudication. (Act of 1849, s. 184.)

and

accounts and dividends.

Where a cre

ditor may receive more

than a rate

able propor

more tion.

claimed di

outstanding debts.

Every creditors' assignee must transmit to List of unthe official assignee a list of unclaimed divi-vidends and dends, and of all debts remaining due to the estate, and pay all moneys and other estate Payment into the Bank of England. (Act of 1861, s. 181.)

into Bank.

All unclaimed dividends and all moneys Transfer of unclaimed must be transferred to the credit moneys.

unclaimed

(Act of

If the produce of the bankrupt's estate pay 208 in the pound, and leave a surplus, it must be paid to the bankrupt, after payment of interest on debts. (Act of 1849, s. 197.)

Classifica

tion of certi

Jibed.

SECTION XII.

Of the Discharge.

All classifications of certificates are

ficates - abolished; and where the discharge of a Substitutes. bankrupt is suspended, such discharge, when

Bitting for

allowed, is simply to state the period for which it was suspended, and the reasons; and if the bankrupt has been sentenced to imprisonment, the discharge is also to set forth the fact of such sentence and the period. (Act of 1861, s. 157.)

After the bankrupt has passed his last of consider examination, unless an order of discharge

the purpose

ing the ques tion of dis

charge.

Rules to be observed in

has been previously made, the Court will appoint a sitting for the purpose of considering the question of granting such order. (Act of 1861, s. 158.)

In granting orders of discharge, the followgranting ing rules must be observed :—1. If the Court is

TIT. II.

charge.

of opinion that there is ground for charging PART IV. the bankrupt with acts or conduct amount- CAP. III. ing to a misdemeanor, the Court shall, if SEc. XII. the bankrupt consent thereto, direct a clear orders of disstatement of the charge to be delivered to him, and appoint a day for trying him, and, if he require it, shall summon a jury, and may direct the creditors' assignee or the official assignee, or any of his creditors, to act as prosecutor. But it is competent to the Court to direct that he be indicted and prosecuted in one of the ordinary courts. 2. If the bankrupt is convicted of a misdemeanor, the Commissioner shall, in addition to the punishment awarded for the offence, have power to direct that the order of discharge be either wholly refused or suspended. 3. If the bankrupt is not accused of acts amounting to misdemeanor, or if he has been accused and acquitted, but there shall be objection to the granting of an immediate discharge, the Court shall proceed to consider the conduct of the bankrupt; and if the bankrupt has carried on trade by means of fictitious capital, or could not have had, at the time when any of his debts were contracted, any reasonable or probable ground of expectation of being able to pay the same,

R