Application. (Ss. 28, 30.) rule for appealing against the decision of the trustee, he shall proceed to declare a dividend, and shall give notice to the Board of Trade (in order that the same may be gazetted), and shall also send a notice of dividend to each creditor whose proof has been admitted, accompanied by a statement showing the posi tion of the estate. (5.) The notices shall be in the Forms Nos. 77, 78, 79 and 80 in the Appendix, with such variations as circumstances may require; but the Board of Trade may from time to time alter such forms. 176. Subject to the provisions of Sect. 70 of the Bills of Exchange Act 1882, and subject to the power of the Court, in any other case on special grounds, to order production to be dispensed with, every bill of exchange, promissory note, or other negotiable instrument or security, upon which proof has been made shall be exhibited to the trustee before payment of dividend thereon, and the amount of dividend paid shall be indorsed on the instrument. 177. The amount of the dividend may, at the request and risk of the creditor, be transmitted to him by post. DISCHARGE. 178. A bankrupt intending to apply for his discharge under Sect. 28 of the Act shall produce to the registrar a certificate [1870, r. 138.] from the official receiver specifying the number of his creditors, and shall, not less than twenty-eight days before the day appointed for hearing the application, give notice of the time and place of the hearing of the application to the trustee and to the official receiver. The official receiver shall forthwith send a copy of such notice to the Board of Trade for insertion in the London Gazette, and shall also send a copy of such notice to each creditor who has proved, not less than fourteen days before the day so appointed. Order- (S. 28.) Gazetting order. (S. 104.) Execution on 179. The order of the Court made on an application for discharge shall be dated of the day on which it is made, and shall take effect on and from the day of its date; but such order shall not be delivered out or gazetted until after the expiration of the time allowed for appeal, or if an appeal be entered, until after the decision of the Court of Appeal thereon. 180. When the time for appeal has expired, or as the case may be, when the appeal has been decided by the Court of Appeal, the registrar shall forthwith send notice of the order to the Board of Trade, who shall gazette the same. The notice may be in Form No. 127 in the Appendix, with such variations as circumstances may require, but the Board of Trade may from time to time alter such form. 181. An application by the official receiver or trustee for Rr. 181 185. leave to issue execution on a judgment under Sub-sect. (6) of judgment in conditional subs. (6), 8. 29.) The party applying shall give notice of the application to the discharge. debtor not less than eight days before the day appointed for (S. 28, the hearing, and shall at the same time furnish him with a copy of the application. 182. Where a bankrupt is discharged subject to the condi- Accounts of tion that judgment shall be entered against him under Sect. 28 after-acquired of the Act, or subject to any other condition as to his after- property. acquired property, it shall be his duty, until such judgment or condition is satisfied, from time to time to give the official receiver such information as he may require with respect to his after-acquired property, and not less than once a year to file in the Court a statement showing the particulars of any property or income he may have acquired subsequent to his discharge. PROXIES AND VOTING LETTERS. (S. 28, subss. (2), (6), s. 29.) proxies. 183.-(1.) A general proxy shall be in Form No. 54, a Form and special proxy shall be in Form No. 55, and a voting letter filing of under Sect. 18, Sub-sect. (2), or Sect. 23 of the Act, shall be in Form No. 56 in the Appendix, with such variations as cir- (Ss. 18, 70, cumstances may require. 88, sched. 1, rr. 16-21, (2.) A proxy shall be lodged with the official receiver or 26.) trustee not later than the day before the meeting at which it is to be used. (3.) As soon as a proxy or voting letter 'has been used it shall be filed with the proceedings in the matter. MEETINGS OF CREDITORS. debtor. 24, 70, subs. 184.-(1.) The official receiver shall give three days' notice Notice to to the debtor of the time and place appointed for the first meeting of creditors. The notice, which may be in Form No. 58 (Ss. 15, 18, in the Appendix, may be either delivered to him personally or (c), sched. 1, sent to him by prepaid post letter, as may be convenient. It shall nevertheless be the duty of the debtor to attend such first meeting, although the notice is not sent to or does not reach him. (2.) A notice to attend subsequent meetings may be in the like form, with such variations as circumstances may require. rr. 1-7.) 185. The official receiver shall fix the day for the first meet- Notice of first ing, and shall forthwith give notice thereof to the Board of meeting. Trade, who shall gazette the same. The notice to creditors (Ss. 15, 18, 24, sched. 1, Rr. 185 193. Form and length of notice. (S. 21, subs. of notice. shall be in Form No. 57 in the Appendix, with such variations as circumstances may require. 186. The notices of subsequent meetings to be issued by the official receiver or trustee to creditors may be in the Form No. 62 in the Appendix, with such variations as circumstances may require. Where no special time is prescribed the notices shall be sent off not less than three days before the day appointed for the meeting. 187. Where a meeting of creditors is called by notice, the Non-reception proceedings had and resolutions passed at such meeting shall, unless the Court otherwise orders, be valid, notwithstanding that some creditors shall not have received the notice sent to them. (Ss. 18, 21, Proof of (Ss. 18-23.) [1870, r. 98.] Costs of calling [1870, r. 102.] Copy of reso lution to be filed. (Ss. 18, 21, 22, 23, sched. 1, r. 25.) Public officer or agent of company, &c. (S. 148.) 188. An affidavit by the trustee, official receiver, or other officer of the Court, or the solicitor in the matter, or by the clerk of any such person, that the notice has been duly posted, shall be sufficient evidence of such notice having been duly sent to the person to whom the same was addressed. 189. The costs of summoning a meeting of creditors at the instance of any person other than the official receiver or trustee shall be paid by the person at whose instance it is summoned, to be repaid to him out of the estate if the creditors or the Court shall so direct. 190. The official receiver, or, as the case may be, the trustee, shall send to the registrar of the Court in which the matter is pending a copy, certified by him, of every resolution of a meeting of creditors. PROCEEDINGS BY COMPANY OR COPARTNERSHIP. 191. A bankruptcy petition against, or bankruptcy notice to, any debtor to any company or copartnership duly authorised to sue and be sued in the name of a public officer or agent of such company or copartnership, may be presented by or sued [1870, r. 15.] out by such public officer or agent as the nominal petitioner for and on behalf of such company or copartnership, on such public officer or agent filing an affidavit stating that he is such public officer or agent; and that he is authorised to present or sue out such petition or bankruptcy notice. Attestation of PROCEEDINGS BY OR AGAINST FIRM. 192. Where any notice, declaration, petition or other docufirm signature. ment requiring attestation is signed by a firm of creditors or (Ss. 4, 6, 7.) debtors in the firm's name, the partner signing for the firm shall add also his own signature, e.g., " Brown and Co. by James Green, a partner in the said firm." Service on firm. 193. Any notice or petition for which personal service is necessary shall be deemed to be duly served on all the members of a firm if it is served at the principal place of business of Rr. 193the firm in England, on any one of the partners, or upon any 199. person having at the time of service the control or manage- (Ss. 4, 110.) ment of the partnership business there. 194. Where a firm of debtors file a declaration of inability Debtors' to pay their debts, or bankruptcy petition in the firm name, petition by the declaration or petition shall be accompanied by an affidavit firm. made by one at least of the partners, setting forth the names 148.) of the partners and showing that they all concur in the filing of the declaration or petition. (Ss. 5, 8, 112, order against 195. A receiving order made against a firm shall operate as Receiving if it were a receiving order made against each of the persons who, at the date of the order, is a partner in that firm. firm. (Ss. 8, 9, 10, 110, 115.) 196. In cases of partnership the debtors shall submit a statement of their partnership affairs, and each debtor shall Statement of submit a statement of his separate affairs. affairs. 197. No order of adjudication shall be made against a firm (Ss. 16, 40.) in the firm name, but it shall be made against the partners Adjudication individually. against partners. (S. 106.) PART III.-SPECIAL PROCEDURES. SMALL BANKRUPTCIES. 198. An application by the official receiver that the estate Application of a debtor may be ordered to be administered in a summary for order. manner shall be in Form No. 33 in the Appendix, with such (S. 121.) variations as circumstances may require. 199. Where an estate is ordered to be administered in a Summary adsummary manner, under sect. 121 of the Act, the provisions ministration. of the Act and of these Rules shall, subject to any special direction of the Court, be modified as follows, namely: (1.) No advertisement of any proceeding in a local paper (Ss. 13, 20, shall be necessary. 35, sched. 1, (2.) All questions of law and fact shall be determined by r. 2, s. 146.) the Court having jurisdiction in the matter, and no applica- (S. 102, subs-s. (1) and (3).) tion for a jury shall be entertained. (3.) If the official receiver satisfies the Court that the debtor (Ss. 15, 18, has absconded, or that the debtor does not intend to propose a 121, sub-ss. (1) composition or scheme, or that the composition or scheme and (2).) proposed is not reasonable or. calculated to benefit the general body of creditors, the Court may forthwith adjudge the debtor bankrupt. (4.) If during or at the conclusion of the public examina- (Ss. 17, 20, tion of the debtor it appears to the Court that a composition 21.) or scheme ought not to be sanctioned by reason of the conduct UU Rr. 199 204. (S. 104, R. S. C. O. LVIII.) of the debtor, the Court may forthwith adjudge the debtor bankrupt. (5.) No appeal shall lie from any order of the Court, except by leave of the Court. (6.) All payments shall, unless the Board of Trade other(Ss. 74, 75.) wise orders, be made into and out of the Bank of England. (7.) Except for the purpose of confirming a composition or scheme there shall be only one meeting of creditors. The meeting may, where it seems expedient, be held on the day appointed for the public examination of the debtor. (Ss. 17, 18, 21, 23.) (S. 58.) Form of petition. (S. 125, subs. (1), R. S. C. O. LV.) Service. (S. 125, subs. (2).) (R. S. C. O. XVI. r. 47.) (S. 7). Administra tion order. (R. S. C. O. LV. r. 3.) Gazetting notices. (Ss. 13, 17, 18, 20, 23, 28, 35, 121, 125, 132.) Notice of orders to (8.) The estate shall be realised with all reasonable despatch, and where practicable distributed in a single dividend when realised. ADMINISTRATION OF ESTATE OF PERSON DYING INSOLVENT. 200. A creditor's petition, under sect. 125 of the Act, shall be in the Form No. 11, in the Appendix, with such variations as circumstances may require, and shall be verified by affidavit. 201. The petition shall, unless the Court otherwise directs, be served on each executor who has proved the will, or, as the case may be, on each person who has taken out letters of administration. The Court may also, if it thinks fit, order the petition to be served on any other person. Service shall be proved in the same way as is provided in the case of an ordinary creditors' petition, and the petition shall be heard in the like manner. 202. An administration order under sect. 125 shall be in the Form No. 31 in the Appendix, with such variations as the circumstances may require. PART IV. OFFICERS, TRUSTEES, AUDIT, &c. GAZETTING. 203. All notices requiring publication in the London Gazette shall be gazetted by the Board of Trade. BOOKS TO BE KEPT AND RETURNS TO BE MADE BY REGISTRARS. 204. When a receiving order, or an order of adjudication, or an order fixing the public examination of a debtor, or an order for Board of Trade. administration under Sect. 121, or under Sect. 125, or an order on an application to sanction a composition or scheme, or an order annulling a composition or scheme, or an order annulling an adjudication, is made, or an order on an application for |