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BANKRUPTCY REPEAL AND INSOLVENT COURT ACT,

Act, 592-610.

sect. 19 repealed, 377.

BENEFICE,

sequestration of, 246.

right of nomination to, does not pass to trustee, 163, 164.

BILL OF EXCHANGE,

proof on, by purchaser, 112.

by holder generally, 117.

proof where accommodation bill taken as security for a less
amount, 113.

proof where transaction fraudulent, 113.

accommodation acceptances, 117-120. See ACCOMMODATION BILL.

set-off where bills taken after bankruptcy, 132, 133.

specific appropriation to meet, 171.

cheque is not an equitable assignment, 172.

rule in Ex p. Waring, 173-176.

whether rule applies where appropriated property less than
debt, quære, 175, 176.

remitted to banker, 177.

short bills, 177.

not within reputed ownership clause, unless received for a trade
debt, 200.

no notice required to take out of reputed ownership of bankrupt, 213.
production of, on voting and proof, 358, 359.

BILLS OF SALE,

Act of 1854 avoided unregistered, as against assignees and execution
creditors, as to goods in possession or apparent possession of
grantor, 215.

this Act repealed by Act of 1878..215.

under that Act registration excluded reputed ownership, 215.

now amended by Act of 1882, effect thereof, 215.

reputed ownership not now excluded by registration, 216.

unregistered bill of sale now absolutely void, 216.

certain documents capable of registration under Act of 1878 not so
under Act of 1882..216.

application of Acts to growing crops and fixtures when separately
assigned or charged, 217.

void as to after-acquired property, except as against the grantor,

218.

renewal of, is under Act of 1878..218.
limitation of power to seize, 218.

true owner, meaning of, 218.

Act of 1878..640-650.

Act of 1882..651-657.

BOARD OF TRADE,

staff of, 273 et seq.

to certify appointment of trustee, 64.

certificate conclusive evidence of appointment, 337.
to appoint trustee in certain cases, 65.

security to, by trustee, 64.

control over special manager, 50.

when to act in place of committee of inspection, 67, 324.
appointment of official receivers and deputies by, 273, 274.
official receiver to account to, 276.

power to appoint officers, &c., 277.

Bankruptcy Estates Account to be kept by, 279.
investment of surplus funds by, 281.

audit of trustee's accounts by, 282.

to examine trustee's annual statement, 283.

release of trustee, duties of, in relation to, 284.

order as to release, subject to appeal to High Court, 284, 285.

removal of trustee by, 287.

control of trustee by, 281, 291.

duties of comptroller transferred to, 344.

payments by, under order of Court, 298.

appeal from, to High Court, to be within twenty-one days, 337.

appeals from, must be heard in Court, 380.

evidence of proceedings of, 338.

powers of, as to unclaimed funds and dividends, 349, 350.

authorization by, of account at local bank, 281.

to take part in making general rules, 333.

order of Court on person disobeying order of, 299.

power to order remuneration to officers of, 334.
power to abolish offices, 346.

grant of funds by Treasury to, 282.

accountant in bankruptcy's account transferred to, 279.

returns by bankruptcy officers to, 335.

annual accounts and report to be laid before Parliament, 334, 335.

audit of accounts of, by Treasury, 334.

directions by, to official receiver, 54, 273, 275.

notices to be gazetted by, 426.

BOND,

voluntary, proof on, 114.

only debt due in equity, 114.

BOOK DEBTS,

whether to be taken into account to prevent deed being a
bankruptcy, 15.

BOOKS,

trustee to take possession of debtor's, 244.

to be kept by trustee, 283, 426, 427.

BOOKS-continued.

to be kept by Board of Trade, 335.
by registrars, 426.

in possession of debtor, seizure of, 74.
no lien on debtor's, of accounts, 437.

lien of solicitor on other books, 437.

Court may direct as to disposal of debtor's, 428.
BOVILL'S ACT (28 & 29 Vict. c. 86),

effect of, 110, 128, 155, 372.

BREACH OF TRUST,

constitutes a provable debt, 109.

discharge does not release debtor from fraudulent, to which he was

a party, 93, 94.

BURIAL BOARD,

disqualification of member of, by bankruptcy, 99.

vacancy in, on bankruptcy, 100.

CALL,

between winding-up and bankruptcy of shareholder, 255.

CASH ACCOUNT,

under special circumstances bankrupt may be ordered to file, 73.
CASH BOOK,

to be kept by trustee and official receiver, 427.

CERTIFICATE,

of appointment of trustee by Board of Trade, 64.

conclusive evidence of appointment, 337.

of removal of disqualifications, 99.

CESTUI QUE TRUST,

application of reputed ownership doctrine to interest of, 207.
trust property does not pass to trustee, 164 et seq.

following property by, 166.

CHAIRMAN,

at first and subsequent meetings, 357.

power of, to admit or reject proof for purpose of voting, 360.

may, with consent of meeting, adjourn meeting, 362.

to keep minutes of proceedings, 363.

CHAMBERS,

what may and may not be heard in, 296, 380-383.

adjournment from, into Court, and vice verså, 383.

order of Cave, J., as to, 528-530.

CHEQUE,

does not operate as equitable assignment of corresponding amount of
balance of drawer at bank, 172.

CHOSES IN ACTION,

included in "property," 353.

deemed to be assigned to trustee, 245.

when rights of action vest in the trustee, 189.

rules as to vesting, 190.

trustee takes, subject to equities, 191.

reduction into possession of wife's, prior to Married Women's Pro-
perty Act, 1882..192.

other than debts due and growing due in the course of trade or busi-
ness not within reputed ownership clause, 198.

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COMMENCEMENT OF BANKRUPTCY,

from time of commission of act of bankruptcy on which receiving
order made, 160,

or time of first act of bankruptcy committed within three months next
preceding presentation of petition, 160.

doctrine of relation, 161-163.

COMMISSION,

to examine witnesses, 316, 393.

COMMITMENT,

See RELATION.

for contempt, application for, must be made in Court, 381.

of debtor failing to make discovery, &c., 73,

or disobeying order of Court as to a composition, 57.

of person falsely representing himself to be a creditor, 53.

of discharged bankrupt failing to assist trustee, 83.

of banker, &c. not paying money to trustee, 245.

on default as to order of Board of Trade, 299.

appeal from refusal to commit, 74.

to what prison, 323.

gaoler refusing to receive prisoner subject to penalty, 323.

CONTEMPT OF COURT.

See

COMMITTEE OF INSPECTION,

appointment of, 66.

to consist of not more than five nor less than three creditors qualified
to vote or holders of their general proxies or powers of attorney, 66.
meeting of, 66.

if none, Board of Trade to act in place of, 67.

powers exercisable by trustee with leave of, 263, 264, 270, 271.
such leave must not be general, 265.

quorum, 66.

removal of member of, by ordinary resolution, 67.

resignation of, 66, 67.

vacancy of office of, 67.

no defect or irregularity in appointment of member of, to vitiate act

done by him in good faith, 339.

trustee to have regard to directions of, 289.

directions by creditors to override directions of, 289.

continuing members may act notwithstanding vacancy, 67.
application by, for authority to pay into local bank, 280.
creditors may resolve to leave appointment of trustee to, 64.
may allow postponement of first dividend, 267.

none in small bankruptcies, 324.

COMPANY,

receiving order not to be made against registered, 6, 328.
may act by authorized officer, 342.

may petition in corporate name, 29.

notice to officer of, 212.

See CORPORATION.

COMPENSATION,

to landlord on disclaimer of a lease, principles regulating, 256.
on abolition of office, 346.

COMPOSITION OR SCHEME OF ARRANGEMENT,

creditors may resolve to entertain, by special resolution at first
meeting, 55.

must be confirmed at subsequent meeting by resolution of a majority
in number and three-fourths in value of all creditors who have
proved, 55, 58.

voting letter at subsequent meeting, 58, 421.

terms must be settled at first meeting, 416.

must be approved by Court, 56.

duty of Court as to approval, 56, 61, 72.

must provide for payment in full of debts to which priority is

given, 57.

effect of, 56, 62.

enforcement of, 56.

default, 57.

whether creditor remitted to his rights on default, quære, 58, 59.

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