APPRENTICES AND ARTICLED CLERKS.

13650. Released.-Apprentices and articled clerks, who are under indenture to a bankrupt at the date of the adjudication, upon giving notice to the trustee, are thereby released from their obli gation to serve any greater length of time; and

13651. Return of Premium.—When a premium has been paid with either an apprentice or an articled clerk, and only a portion of his time has been served at the date of the adjudication of his master's bankruptcy, he is entitled, on application to the trustee or the court, to a return of part of the premium in proportion to the time unserved; or,

13652. Transfer.-A trustee in bankruptcy may, with the concurrence of the bankrupt's apprentice or articled clerk, transfer the indenture to a new master, paying to him the proportion of premium due from the bankrupt's estate.

RENT.

13653. Distress.-A landlord to whom rent is due from a bankrupt at the time of the adjudication, may put in a distress and recover the whole of all rent due in the usual way; but,

13654. Twelve Months' Arrears.-The arrears of rent recoverable by distress against a bankrupt's estate are limited to twelve months.

13655. Rent not Due.-If an adjudication in bankruptcy occurs in the middle or other intermediate part of a quarter, the bankrupt's landlord can only prove for rent subsequent to the last quarter day, down to the day of the adjudication, as a common debt, upon which he must take his dividend with the rest.

COMMON DEBTS.

13656. Equal.-All debts in bankruptcy, not classed as preference debts [as previously set forth], and not being secured (13453), are common debts, and have all an equal claim to dividend in proportion to the proceeds of the estate.

13657. Interest.-Interest on any debt provable in bankruptcy may be allowed by the trustee under the same circumstances in which interest would have been allowed by a jury if an action had been brought for such debt (5676-7).

SET-OFF.

13658. In the adjustment of accounts in bankruptcy either party is entitled to every advantage of any set-off (5734) that may be proved in his favour; only,

13659. Set-off Barred.-In case the set-off, which a debtor of a bankruptcy estate pleads, arises out of credit given to the barkrupt after the commission by him of an act of bankruptcy (13347) which act the creditor knew of at the time of giving such credit, then the plea of set-off is barred, and the debtor must pay the amount of the bankrupt's claim against him in full.

SECURED CREDITORS.

13660. Retaining Securities.-A creditor of a bankrupt who holds security is not entitled to be classed as a creditor so long as he sticks to his security; but,

13661. Giving up Securities.—A creditor of a bankrupt whe holds security, upon giving up his security is entitled to prove as for a common debt; or.

13662. Inadequate Securities.—If a creditor of a bankrupt retains security of less value than the amount of the debt due to him, he is entitled, upon a fair valuation of his security, to come in with the balance, and to prove it as a common debt.

DIVIDENDS.

13663. From Time to Time.-A dividend in bankruptcy may be made from time to time whenever there are funds in hand for the purpose, at the discretion of the trustee with the assent of the committee (if any) or the court; and

13664. Unproved Debts.-In calculating dividends in ban ruptcy, it is obligatory upon the trustee to include all creditors who appear as such upon the books or other verified statements of the bankrupt, whether they have proved their debts or not; providing however, that,

13665. Defaulting Creditors.-No dividend in bankruptcy can be actually paid to a creditor who has failed or declined to prove his debt in due form; therefore,

13666. Five Years' Grace.—It is provided that any credit under a bankruptcy may prove his debt and claim his dividend ( there is an amount reserved for him) any time within five years after the date of the adjudication; but,

13667. Forfeiture to Crown.-All dividends in bankruptcy which are unclaimed five years after the adjudication are forteited to the Crown, and are at the disposal of the Commissioners of the Treasury.

SURPLUS.

13668. Bankrupt Entitled.-Should the estate of a bankrupt

realize, in addition to costs and expenses, more than twenty shillings in the pound, the bankrupt is entitled to the whole of the surplus.

FINAL REPORT.

13669. When the whole of the property of a bankrupt has been realized for the benefit of his creditors, or so much thereof as can, in the opinion of the trustee, concurred in by the committee (if any) be realized without needlessly protracting the bankruptcy, or a composition or arrangement has been completed, it is the duty of the trustee to make accordingly a final report to the court;

and

13670. Close of Bankruptcy.-When the final report of the trustee of a bankrupt is duly presented to the court, and the court is satisfied that the administration of the bankruptcy has been carried out in accordance with the Act, it is the duty of the court to make an order that the bankruptcy has closed; and

13671. Order of Court.-An order of the court that a bankruptcy has closed is conclusive evidence (in the absence of fraud) that the bankruptcy is closed to all intents and purposes, and that its continuance thenceforth ceases.

PUBLICATION.

13672. London Gazette.-The Act provides for the publication of all closing orders in the London Gazette; and

13673. Statutory Evidence-The production of a copy of the London Gazette containing a copy of a closing order in bankruptcy is declared to be statutory evidence that the continuance of such bankruptcy has ceased in accordance with such order.

LIMITATION OF ACT.

13674. England and Wales Only.-The Bankruptcy Act, 1869, applies in its entirety to England and Wales only, as the second section expressly provides that "This Act shall not, except in so far as is expressly provided, apply to Scotland or Ireland."

BANKRUPTCY FEES.

13675. The fees payable in bankruptcy are settled by the Lord. Chancellor for the time being.

13676. Uniformity.-They are uniform in all courts alike; and 13677. Stamps.-They are almost invariably payable by means of stamps provided for the purpose.

LIST OF FEES.

13678. The following is the current list of fees, subject to mint alterations from time to time :—

13679. Every declaration by a debtor of inability to pay his debtor.

13680. Every debtor's summons

13681. Every bankruptcy petition.

13682. Every bond with sureties

13683. Every affidavit filed (other than proof of debts) 13684. Every subpoena

13685. Every petition for liquidation or composition 13686. For despatching notice to creditors or others, exclusive of postage, each notice

13687. Every application for an order of discharge

exclu-}

13688. Every special resolution to proceed to a liquidation, on being presented to a registrar for registration, 5s. per £100 or fraction of £100 of the estimated assets; but in no case to exceed a duty of

13689. Every extraordinary resolution to accept a composi-) tion, on being presented to a registrar for registration, same as (13688)

13690. Every application for search for proceedings

13691. Every application to a court or registrar

13692. Every office copy, each folio of 72 words

13693. Certified statement by a trustee, same as (13688) 13694. Every record of trial.

[Or such less sum as the court may specially order.] 13695. Every allocatur by an officer of the court for any` costs, charges, or disbursements, where such bill of costs, shall not exceed £5.

£5 and not exceeding £10.

Exceeding

£10

Ο ΙΟ

£50

£100.

0 15

£150.

13696. Attending court each sitting by high bailiff or officer 13697. Serving every debtor's summons, bankruptcy peti-) tion, or subpoena within two miles, including affidavit of 13698. Preparing advertisement for Gazette or local paper 13699. Insertion in Gazette

13700. Executing every warrant of seizure, or search warrant of apprehension, or order of commitment within two miles of court house

Bankruptcy.

13701. Keeping possession, for each day the man is actually in possession, including affidavit of possession being actually kept [3s. 6d. of the above sum is to be paid to the man in possession, and his receipt produced.] 13702. High-bailiffs, or, in the London Bankruptcy Court, officer's man travelling to place of possession, or to execute a warrant of or order of commitment, or to serve a summons or subpoena, or for any other purpose specially directed by the court, per mile.

13703. His time per day, when distance exceeds ten miles
13704. His expenses per day.

13705. High-bailiff or officer specially sent, per mile
13706. His time per day

13707. His expenses per day.

13708. For inventories taken by officers of court by instruction of trustees, a proper remuneration" is prescribed.

66

13709. When there is no trustee, and the registrar acts as trustee, his charge for so acting is fixed at 5 per cent. on amounts not exceeding £100, 21⁄2 per cent on the next amount of £400 or fraction thereof, I per cent. on the next amount of £500 or fraction thereof, and 34 per cent. on all further sums.

On dividend, 2 per cent. on the first amount of £1,000 or fraction thereof, and 1 per cent. on all above £1,000.

13710.

EXPENSES.

Without Solicitor.-When no solicitor is employed the expense is limited to the fees; but

13711. Costs. If a solicitor is employed, costs to an indefinite amount have to be added to the fees; but

TAXING MASTERS.

13712. London.-There is a taxing master expressly appointed in connection with the London court; and

13713. County.-The registrars of county courts act as taxing masters; and

13714. Submission of Bills.—Every bill of costs in bankruptcy may be submitted to the taxing master by the person who is called upon to pay it.