BOOK VI. THE JURISDICTION AND PRACTICE IN BANKRUPTCY. CHAPTER XV. MEETING OF CREDITORS SUBSEQUENT TO THE FIRST MEETING. IT has already been seen (a) that "The Bankruptcy Act, 1869," provides that "the trustee may, from time to time, summon general meetings of the creditors for the purpose of "ascertaining their wishes" (b). 66 The Court, also, may, from time to time, summon a meeting. On this subject, "The Bankruptcy Act, 1869," provides as follows: "The Court may, from time to time, during the continuance "of a bankruptcy, summon general meetings of the creditors "for the purpose of ascertaining their wishes, and may, if the "Court thinks fit, direct the registrar to preside at such meetings."-32 & 33 Vict. c. 71, s. 20 (c). 66 A creditor may also summon a meeting. But, before doing so, a creditor should remember that Rule 102 of "The Bankruptcy Rules, 1870," (d) renders him liable for the costs of such meeting, unless the Court otherwise order. A member of a committee of inspection may summon a meeting of his own accord (e), or if the object be for the purpose of removing a trustee in bankruptcy or a member of a committee of inspection, he may summon a meeting of creditors at the request of any one or more of such creditors (f). As regards the costs of general meetings, "The Bankruptcy Rules" provide : "The costs of summoning a meeting of creditors by any "person other than the trustee shall be paid by the person at "Bankruptcy Rules, 1870," Rule 120, ante, pp. 1365–1366. Meeting of creditors may be summoned by trustee. General meetings of creditors may be summoned by Court from time to time. The Bankruptcy Act, 1869, s. 20. Creditor may summon a general meeting. A member of committee of inspection may summon general meeting. By whom costs of sum meeting to be paid. The Bank ruptcy Rules, Mode of sum- meeting. -If called by the trustee. The Bank ruptcy Rules, -If called to propose a or an arrange- Forms of -If called Mode of sum- vened by order "whose instance it is summoned, to be repaid to him out of "the estate if the trustee, or the committee of inspection, or "the Court shall so direct."-"The Bankruptcy Rules, 1870," r. 102. The mode of summoning a general meeting is as follows:Where the meeting is summoned by the trustee, he sends a notice thereof to each creditor. On this subject, "The Bankruptcy Rules, 1870," provide as follows: 66 66 Where a meeting of creditors is summoned by a trustee, it "shall be summoned by the trustee transmitting to each cre"ditor at the address given in his proof, or when he shall not have proved, the address given in the list of creditors by the bankrupt, or such other address as may be known to the trustee, seven days before the meeting is to be held, a notice setting forth the time and place at which it is to be held, and "the purpose for which it is summoned."—"The Bankruptcy Rules, 1870," r. 95. 66 Any notice summoning a meeting for the purpose of inducing the creditors to accept a composition or general scheme of arrangement must specify the object of such meeting (g). Forms of notice in the Gazette of a meeting to authorise the trustee to accept a composition (h); of an application to annul adjudication under this section (i); of an order annulling adjudication (k); of an affidavit of a person interested in a composition for a committal (7); of a notice of application for a committal (m); of an order of committal (n); of an application for enforcement of provision in a composition (o); of an affidavit in support of such last-named application (p); and of an order for enforcement of provisions in a composition (q), are provided. Where a meeting is summoned by order of the Court, the mode of summoning it is regulated by the following rule of "The Bankruptcy Rules, 1870": "Where the Court orders a general meeting of creditors to "be summoned under section 20 of the Act, it shall be sum"moned as the Court directs, and in default of any direction "the registrar shall transmit a sealed copy of the order to the "trustee fourteen days at least before the time appointed for ruptcy Rules," the meeting to take place, and the trustee shall, ten days 1870, r. 11. "before such meeting, send a copy of the order to each creditor The Bank 32 & 33 Vict. c. 71, s. 28, post, p. 1402. (k) Appendix V. Form 58. 66 "at the address given in his proof, or when he shall not have proved, the address given in the list of creditors by the bankrupt, or such other address as may be known to the "trustee.""The Bankruptcy Rules, 1870," r. 11. 66 A form of order summoning a general meeting of creditors Form of order is provided (r). As regards what shall be sufficient evidence of sending a notice convening a meeting, "The Bankruptcy Rules, 1870," provide as follows: "An affidavit by a trustee, or an officer of the Court, or by ። any clerk of either, that letters have been put into a postoffice, shall be sufficient evidence of such notices having been duly sent to the persons to whom the same purport to have "been addressed."-" The Bankruptcy Rules, 1870," r. 98. 66 It is provided, by the following rule of "The Bankruptcy Rules, 1870," that though some of the creditors may not have received notice of a meeting, the proceedings thereat shall not be invalidated : 66 "Wherever a meeting of creditors is called by notice, the proceedings had, and resolutions come to at such meeting, "shall be valid, notwithstanding that some creditors shall not "have received the notice sent to them, unless otherwise ordered by the Court."-"The Bankruptcy Rules, 1870," r. 97. The regulation as to the proceedings at general meetings of creditors are as follow. "The Bankruptcy Act, 1869," pro 66 vides : 66 : calling meet- meeting. Proceedings dated because some creditors received no notice of same. The Bankruptcy Rules, 1870, r. 97. Regulation of proceedings at meetings of creditors. "The provisions of this Act with respect to the first general meeting of creditors (s) shall apply to any subsequent general The Bank"meeting of creditors in a bankruptcy, with this exception, ruptcy Act, "that subsequent meetings of creditors may be summoned by 1869, s. 21. "the trustee, or by a member of the committee of inspection, "and that such meetings may, unless otherwise directed by the "Court, in the case of meetings summoned by the Court, "be presided over by any person chosen by the creditors as"sembled at such meeting, and that any creditor whose debt "has been proved, or the value of whose debt has been ascer"tained at or subsequently to such first meeting, shall be "allowed to be present and to vote thereat."-32 & 33 Vict. c. 71, s. 21. In the event of any resolutions being passed at a meeting of creditors, it is provided that a certified copy thereof shall be forwarded by the trustee to the registrar. On this subject, "The Bankruptcy Rules, 1870," provide as follows :— "The trustee in every bankruptcy shall send to the registrar "of the Court in which such bankruptcy is pending a copy "certified by him of every resolution of a meeting of creditors, Appendix V. Form 30. See sect. 16, ante, p. 1342-1343. Certified copy of every resolution passed of creditors to be sent to registrar by the trustee. The Bank ruptcy Rules, 1870, r. 75. Business which may be transacted at any general meeting. -Creditors may prove. inspection may -Resolutions giving trustee directions may be passed. Composition or a general scheme of arrangement may be accepted. Power of trustee to accept composition or general scheme of arrangement with sanction of creditors. The Bankruptcy Act, 1869, s. 28. 66 "and shall also, on the first day of every month, send to the registrar a certified list of all proofs, if any, tendered during "the month next preceding, distinguishing in such list the "proofs admitted, those rejected, and such as stand over for "further consideration."" The Bankruptcy Rules, 1870," r. 75. With reference to the business capable of being transacted at general meetings of creditors, one or two observations may now be made. A creditor may prove his debt at any meeting of creditors duly summoned (t). Å trustee or a member of a committee of inspection may be removed, and the vacancies, so caused, filled up at any meeting of creditors (u). As has already been pointed out, "The Bankruptcy Act, 1869," provides that if any vacancy occur in the office of trustee by death, resignation, or otherwise, the creditors in general meeting shall fill up such vacancy, and a general meeting for the purpose of filling up such vacancy may be convened by the continuing trustee, if there be more than one, or by the registrar on the requisition of any creditor (♬). Speaking generally, the creditors may, at a general meeting, pass resolutions regulating the conduct of the trustee. For "The Bankruptcy Act, 1869," provides that "the trustee shall "in the administration of the property of the bankrupt and in "the distribution thereof amongst his creditors have regard to any directions that may be given by resolution of the creditors "at any general meeting" (y). 66 As already pointed out, the creditors may, at any meeting of which proper notice has been given, accept a composition or a general scheme of arrangement. This must not, however, be confounded with composition without any bankruptcy proceedings being taken, of which we shall have to treat later on (2). In reference to the former kind of composition, "The Bankruptcy Act, 1869," enacts that : 66 : "The trustee may, with the sanction of a special resolution "of the creditors assembled at any meeting of which notice has "been given specifying the object of such meeting, accept any composition offered by the bankrupt, or assent to any general "scheme of settlement of the affairs of the bankrupt, upon "such terms as may be thought expedient, and with or without "a condition that the order of adjudication is to be annulled, subject nevertheless to the approval of the Court, to be testi"fied by the Judge of the Court signing the instrument containing the terms of such composition or scheme, or embodying "such terms in an order of the Court. 66 66 (t) Rule 67, ante, p. 1356. (u) Rule 120, ante, pp. 1365–1366. (a) 32 & 33 Vict. c. 71, s. 83, sub-sect. (2). (-) See post, pp. 1424 et seq. "Where the annulling the order of adjudication is made a "condition of any composition with the bankrupt or of any "general scheme for the liquidation of his affairs, the Court, "if it approves of such composition or general scheme, shall "annul the adjudication, on an application made by or on "behalf of any person interested, and the adjudication shall be "annulled from and after the date of the order annulling the "same. "The provisions of any composition or general scheme made. "in pursuance of this Act may be enforced by the Court on a "motion made in a summary manner by any person interested, " and any disobedience of the order of the Court made on such "motion shall be deemed to be a contempt of Court. The approval of the Court shall be conclusive as to the validity of "any such composition or scheme, and it shall be binding on "all the creditors so far as relates to any debts due to them "and provable under the bankruptcy."-32 & 33 Vict. c. 71, s. 28. 66 |