21. A creditor may appoint the official receiver of the debtor's estate to act in manner prescribed as his general or special proxy. 22. The chairman of a meeting may, with the consent of the meeting, adjourn the meeting from time to time, and from place to place. 23. A meeting shall not be competent to act for any purpose, except the election of a chairman, the proving of debts, and the adjournment of the meeting, unless there are present, or represented thereat, at least three creditors, or all the creditors if their number does not exceed three. 24. If within half an hour from the time appointed for the meeting a quorum of creditors is not present or represented, the meeting shall be adjourned to the same day in the following week at the same time and place, or to such other day as the chairman may appoint, not being less than seven or more than twenty-one days. 25. The chairman of every meeting shall cause minutes of the proceedings at the meeting to be drawn up, and fairly entered in a book kept for that purpose, and the minutes shall be signed by him or by the chairman at the next ensuing meeting. 26. No person acting either under a general or special proxy shall vote in favour of any resolution which would directly or indirectly place himself, his partner or employer, in a position to receive any remuneration out of the estate of the debtor otherwise than as a creditor rateably with the other creditors of the debtor. Provided that where any person holds special proxies to vote for the appointment of himself as trustee he may use the said proxies and vote accordingly. THE SECOND SCHEDULE. PROOF OF DEBTS. Proof in ordinary cases. 1. Every creditor shall prove his debt as soon as may be after the making of a receiving order. 2. A debt may be proved by delivering or sending through the post in a prepaid letter to the official receiver, or, if a trustee has been appointed, to the trustee, an affidavit verifying the debt. 3. The affidavit may be made by the creditor himself, or by some person authorised by or on behalf of the creditor. If made by a person so authorised it shall state his authority and means of knowledge. 4. The affidavit shall contain or refer to a statement of account showing the particulars of the debt, and shall specify the vouchers, if any, by which the same can be substantiated. The official receiver or trustee may at any time call for the production of the vouchers. 5. The affidavit shall state whether the creditor is or is not a secured creditor. 6. A creditor shall bear the cost of proving his debt, unless the court otherwise specially orders. 7. Every creditor who has lodged a proof shall be entitled to see and examine the proofs of other creditors before the first meeting and at all reasonable times. 8. A creditor proving his debt shall deduct therefrom all trade discounts, but he shall not be compelled to deduct any discount, not exceeding five per centum on the net amount of his claim, which he may have agreed to allow for payment in cash. Proof by secured Creditors. 9. If a secured creditor realises his security, he may prove for the balance due to him, after deducting the net amount realised. 10. If a secured creditor surrenders his security to the official receiver or trustee for the general benefit of the creditors, he may prove for his whole debt. 11. If a secured creditor does not either realise or surrender his security, he shall, before ranking for dividend, state in his proof the particulars of his security, the date when it was given, and the value at which he assesses it, and shall be entitled to receive a dividend only in respect of the balance due to him after deducting the value so assessed. 12. (a.) Where a security is so valued, the trustee may at any time redeem it on payment to the creditor of the assessed value. (b.) If the trustee is dissatisfied with the value at which a security is assessed, he may require that the property comprised in any security so valued be offered for sale at such times and on such terms and conditions as may be agreed on between the creditor and the trustee, or as, in default of such agreement, the court may direct. If the sale be by public auction the creditor, or the trustee on behalf of the estate, may bid or purchase. (c) Provided that the creditor may at any time, by notice in writing, require the trustee to elect whether he will or will not exercise his power of redeeming the security or requiring it to be realised, and if the trustee does not, within six months after receiving the notice, signify in writing to the creditor his election to exercise the power, he shall not be entitled to exercise it; and the equity of redemption, or any other interest in the property comprised in the security which is vested in the trustee, shall vest in the creditor, and the amount of his debt shall be reduced by the amount at which the security has been valued. 13. Where a creditor has so valued his security, he may at any time amend the valuation and proof on showing to the satisfaction of the trustee, or the court, that the valuation and proof were made bona fide on a mistaken estimate, or that the security has diminished or increased in value since its previous valuation; but every such amendment shall be made at the cost of the creditor, and upon such terms as the court shall order, unless the trustee shall allow the amendment without application to the court. 14. Where a valuation has been amended in accordance with the foregoing rule, the creditor shall forthwith repay any surplus dividend which he may have received in excess of that to which he would have been entitled on the amended valuation, or, as the case may be, shall be entitled to be paid out of any money for the time being available for dividend any dividend or share of dividend which he may have failed to receive by reason of the inaccuracy of the original valuation, before that money is made applicable to the payment of any future dividend, but he shall not be entitled to disturb the distribution of any dividend declared before the date of the amendment. 15. If a creditor, after having valued his security subsequently realises it, or if it is realised under the provisions of rule 12, the net amount realised shall be substituted for the amount of any valuation previously made by the creditor, and shall be treated in all respects as an amended valuation made by the creditor. 16. If a secured creditor does not comply with the foregoing rules he shall be excluded from all share in any dividend. 17. Subject to the provisions of rule 12, a creditor shall in no case receive more than twenty shillings in the pound, and interest as provided by this Act. Proof in respect of Distinct Contracts. 18. If a debtor was at the date of the receiving order liable in respect of distinct contracts as a member of two or more distinct firms, or as a sole contractor, and also as member of a firm, the circumstance that the firms are in whole or in part composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof in respect of the contracts, against the properties respectively liable on the contracts. Periodical Payments. 19. When any rent or other payment falls due at stated periods, and the receiving order is made at any time other than one of those periods, the person entitled to the rent or payment may prove for a proportionate part thereof up to the date of the order as if the rent or payment grew due from day to day. Interest. 20. On any debt or sum certain, payable at a certain time or otherwise, whereon interest is not reserved or agreed for, and which is overdue at the date of the receiving order and provable in bankruptcy, the creditor may prove for interest at a rate not exceeding four per centum per annum to the date of the order from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time when a demand in writing has been made, giving the debtor notice that interest will be claimed from the date of the demand until the time of payment. Debt payable at a future time. 21. A creditor may prove for a debt not payable when the debtor committed an act of bankruptcy as if it were payable presently, and may receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of five pounds per centum per annum computed from the declaration of a dividend to the time when the debt would have become payable, according to the terms on which it was contracted. Admission or Rejection of Proofs. 22. The trustee shall examine every proof and the grounds of the debt, and in writing admit or reject it, in whole or in part, or require further evidence in support of it. If he rejects a proof he shall state in writing to the creditor the grounds of the rejection. 23. If the trustee thinks that a proof has been improperly admitted, the court may, on the application of the trustee, after notice to the creditor who made the proof, expunge the proof or reduce its amount. 24. If a creditor is dissatisfied with the decision of the trustee in respect of a proof, the court may, on the application of the creditor, reverse or vary the decision. 25. The court may also expunge or reduce a proof upon the application of a creditor if the trustee declines to interfere in the matter, or, in the case of a composition or scheme, upon the application of the debtor. 26. For the purpose of any of his duties in relation to proofs, the trustee may administer oaths and take affidavits. 27. The official receiver, before the appointment of a trustee, shall have all the powers of a trustee with respect to the examination, admission, and rejection of proofs, and any act or decision of his in relation thereto shall be subject to the like appeal. THE THIRD SCHEDULE. LIST OF METROPOLITAN COUNTY COURTS. PART IV. STATUTES RELATING TO THE CRIMINAL LAW. Declaration in lieu of oath Effect of false declaration. Accessories before the fact. An Act to give relief to Persons who may refuse or be unwilling from alleged conscientious Motives to be sworn in Criminal Proceedings. 24 & 25 VICT. c. 66. 1. If any person called as a witness in any court of criminal jurisdiction in England or Ireland, or required or desiring to make an affidavit or deposition in the course of any criminal proceeding, shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the court or judge or other presiding officer or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objection, to permit such person instead of being sworn to make a solemn affirmation or declaration in the form in this section of the Act contained, which shall be of the same force and effect as an oath in the usual form. 2. If any person making such solemn affirmation or declaration shall wilfully, falsely, and corruptly affirm or declare any matter or thing which, if the same had been sworn in the usual form, would have amounted to wilful and corrupt perjury, such person shall incur the penalties of wilful and corrupt perjury. Accessories and Abettors Act. 24 & 25 VICT. c. 94. 1. Accessories before the fact to any felony may be indicted, tried, convicted, and punished as principals. 2. Whosoever shall counsel, procure, or command any other person to commit any felony, shall be guilty of felony, and may be indicted and convicted either as an accessory before the fact to the principal felony, together with the principal felon, or after his conviction, or may be indicted and convicted of a substantive felony, whether the principal felon shall, or shall not have been previously convicted, or shall or shall not be amenable to justice, and may thereupon be punished in the same manner as an accessory before the fact to the same felony. Accessories 3. Similar enactment as to accessories after the fact. 4. Accessories after the fact to any felony (except where other- after the fact. wise enacted) shall be liable at the discretion of the court to be imprisoned for not exceeding two years, with or without hard labour, and the court may require the offender to enter into his own recognisances, and to find sureties both or either for keeping the peace in addition to such punishment, provided that no person shall be imprisoned under this clause for not finding sureties for any period exceeding one year. 5. If any principal offender shall be convicted of any felony, Prosecution of it shall be lawful to proceed against any accessory either before accessory. or after the fact in the same manner as if such principal felon had been attainted thereof, and every such accessory shall upon conviction suffer the same punishment as he would have suffered if the principal had been attainted. included in one 6. Any number of accessories at different times to any felony, Several accesand any number of receivers at different times of property stolen fores may be at one time may be charged with substantive felonies in the same indictment. indictment, and may be tried together, notwithstanding the principal felon shall not be included in the same indictment or shall not be in custody or amenable to justice. sories. 7. Where any felony shall have been committed within Eng- Trial of accesland or Ireland, an accessory before or after the fact may be tried by any court which shall have jurisdiction to try the principal felony or any felonies committed in any county or place in which the act, by reason whereof such person shall have become such accessory, shall have been committed, and in every other case by any court which shall have jurisdiction to try the principal felony or any felonies committed in any county or place in which such person shall be apprehended or be in custody. misdemeanour. 8. Whosoever shall aid, abet, counsel, or procure the com- Abettor in mission of any misdemeanour, shall be liable to be tried, indicted. and punished as a principal offender. Larceny, &c., Act. 24 & 25 VICT. c. 96. any 1. In the interpretation of this Act"Document of Title to Goods" shall include bill of lading, India warrant, dock warrant, warehouse - keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought and sold note, or any other document used in the ordinary course of business as proof of the possession N N Interpretation of terms. |