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the bankrupt, or so much thereof as can, in his opinion, be realised without needlessly protracting the trusteeship, and distributed a final dividend, if any, or has ceased to act by reason of a composition having been approved, or has resigned, or has been removed from his office, the Board of Trade shall, on his application, cause a report on his accounts to be prepared, and, on his complying with all the requirements of the board, shall take into consideration the report, and any objection which may be urged by any creditor or person interested against the release of the trustee, and shall either grant or withhold the release accordingly, subject nevertheless to an appeal to the High Court.
(2.) Where the release of a trustee is withheld the court may, on the application of any creditor or person interested, make such order as it thinks just, charging the trustee with the consequences
any act or default he may have done or made contrary to his duty.
(3.) An order of the board releasing the trustee shall discharge him from all liability in respect of any act done or default made by him in the administration of the affairs of the bankrupt, or otherwise in relation to his conduct as trustee, but any such order may be revoked on proof that it was obtained by fraud or by suppression or concealment of any material fact.
(4.) Where the trustee has not previously resigned or been removed, his release shall operate as a removal of him from his office, and thereupon the official receiver shall be the trustee.
Official Name. 83. The trustee may sue and be sued by the official name of " the trustee of the property of
a bankrupt," inserting the name of the bankrupt, and by that name may in any part of the British dominions or elsewhere hold property of erery description, make contracts, sue and be sued, enter into any engagements binding on himself and his successors in office, and do all other acts necessary or expedient to be done in the execution of his office.
Appointment and Removal. Power to appoint 84. (1.) The creditors may, if they think fit, appoint more joint or cessive trustees, persons than one to the office of trustee, and when more
persons than one are appointed they shall declare whether any act required or authorised to be done by the trustee is to be done by all or any one or more of such persons, but all such persons are in this Act included under the term “trustee," and shall be joint tenants of the property of the bankrupt.
(2.) The creditors may also appoint persons to act as trustees in succession in the event of one or more of the persons first
Official name of trustee.
named declining to accept the office of trustee, or failing to give security, or not being approved of by the Board of Trade. 85. If a receiving order is made against a trustee he shall Ofice of trustee
vacated by thereby vacate his office of trustee.
insolvency. 86. (1.) The creditors may, by ordinary resolution, at a Removal of meeting specially called for that purpose, of which seven days' notice has been given, remove a trustee appointed by them, and may at the same or any subsequent meeting appoint another person to fill the vacancy as hereinafter provided in case of a vacancy in the office of trustee.
(2.) If the Board of Trade are of opinion that a trustee appointed by the creditors is guilty of misconduct, or fails to perform his duties under this Act, the Board may remove him from his office, but if the creditors, by ordinary resolution, disapprove of his removal, he or they may appeal against it to the High Court.
87. (1.) If a vacancy occurs in the office of a trustee the credi- Proceedings in tors in general meeting may appoint a person to fill the vacancy, in comice of and thereupon the same proceedings shall be taken as in the case trustee. of a first appointment.
(2.) The official receiver shall, on the requisition of any creditor, summon a meeting for the purpose of filling any such vacancy.
(3.) If the creditors do not within three weeks after the occur. rence of a vacancy appoint a person to fill the vacancy, the official receiver shall report the matter to the Board of Trade, and the board may appoint a trustee; but in such case the creditors or committee of inspection shall have the same power of appointing a trustee as in the case of a first appointment.
(4.) During any vacancy in the office of trustee the official receiver shall act as trustee.
case of vacancy
Voting powers of Trustee. 88. The vote of the trustee, or of his partner, clerk, solicitor, Limitation of or solicitor's clerk, either as creditor or as proxy for a creditor, trustee.
voting powers of shall not be reckoned in the majority required for passing any resolution affecting the remuneration or conduct of the trustee.
Control over Trustee. 89. (1.) Subject to the provisions of this Act the trustee Discretionary shall, in the administration of the property of the bankrupt and powers of trusteo in the distribution thereof amongst his creditors, have regard to thereof. any directions that may be given by resolution of the creditors at any general meeting, or by the committee of inspection, and any directions so given by the creditors at any general meeting shall
in case of conflict be deemed to override any directions given by the committee of inspection.
(2.) The trustee may from time to time summon general meetings of the creditors for the purpose of ascertaining their wishes, and it shall be his duty to summon meetings at such times as the creditors, by resolution, either at the meeting appointing the trustee or otherwise may direct, or whenever requested in writing to do so by one fourth in value of the creditors.
(3.) The trustee may apply to the court in manner prescribed for directions in relation to any particular matter arising under the bankruptcy.
(4.) Subject to the provisions of this Act the trustee shall use his own discretion in the management of the estate and its
distribution amongst the creditors. Appeal to court 90. If the bankrupt or any of the creditors, or any other against trustee.
person, is aggrieved by any act or decision of the trustee, he may apply to the court, and the court may confirm, reverse, or modify the act or decision complained of, and make such order in the
premises as it thinks just. Control of Board 91. (1.) The Board of Trade shall take cognisance of the of Trade over trustees. conduct of trustees, and in the event of any trustee not faithfully
performing his duties, and duly observing all the requirements imposed on him by statute, rules or otherwise, with respect to the performance of his duties, or in the event of any complaint being made to the board by any creditor in regard thereto, the board shall inquire into the matter and take such action thereon as may be deemed expedient.
(2.) The board may at any time require any trustee to answer any inquiry made by them in relation to any bankruptcy in which the trustee is engaged, and may, if the board think fit, apply to the court to examine on oath the trustee or any other person concerning the bankruptcy.
(3.) The board may also direct a local investigation to be made of the books and vouchers of the trustee. Part VI.—Constitution, Procedure, and Powers of Court.
Jurisdiction. Jurisdiction to be 92. (1.) The courts having jurisdiction in bankruptcy shall High Court and be the High Court and the County Courts. County Courts. (2.) But the Lord Chancellor may from time to time, by order
under his hand, exclude any County Court from having jurisdiction in bankruptcy, and for the purposes of bankruptcy jurisdiction may attach its district or any part thereof to the High Court, or to any other County Court or courts, and may from time to time revoke or vary any order so made. The Lord Chancellor may, in like manner and subject to the like conditions,
detach the district of any County Court or any part thereof from the district and jurisdiction of the High Court.
(3.) The term " district,” when used in this Act with reference to a County Court, means the district of the court for the purposes of bankruptcy jurisdiction.
(4.) A County Court which, at the commencement of this Act, is excluded from having bankruptcy jurisdiction, shall continue to be so excluded until the Lord Chancellor otherwise orders.
(5.) Periodical sittings for the transaction of bankruptcy business by County Courts having jurisdiction in bankruptcy shall be holden at such times and at such intervals as the Lord Chancellor shall prescribe for each such court.
93. (1.) From and after the commencement of this Act the Consolidation of London Bankruptcy Court shall be united and consolidated with London Bankand form part of the Supreme Court of Judicature, and the with Supreme jurisdiction of the London Bankruptcy Court shall be transferred Court of Judica to the High Court.
(2.) For the purposes of this union, consolidation, and transfer, and of all matters incidental thereto and consequential thereon, the Supreme Court of Judicature Act, 1873, as amended by subsequent Acts, shall, subject to the provisions of this Act, have effect as if the union, consolidation, and transfer had been effected by that Act, except that all expressions referring to the time appointed for the commencement of that Act shall be construed as referring to the commencement of this Act, and subject, as aforesaid, this Act and the said abovementioned Acts shall be read and construed together.
94. (1.) Subject to general rules, and to orders of transfer Transaction of made under the authority of the Supreme Court of Judicature bankruptcy Act, 1873, and Acts amending it,
special judge of
High Court. (a.) All matters pending in the London Bankruptcy Court at
the commencement of this Act; and (6.) All matters which would have been within the exclusive
jurisdiction of the London Bankruptcy Court, if this
Act had not passed; and (c.) All matters in respect of which jurisdiction is given to
the High Court by this Act, shall be assigned to such Division of the High Court as the Lord Chancellor may from time to time direct.
(2.) All such matters shall, subject as aforesaid, be ordinarily transacted and disposed of by or under the direction of one of the judges of the High Court, and the Lord Chancellor shall from time to time assign a judge for that purpose.
(3.) Provided that during vacation, or during the illness of the judge so assigned, or during his absence or for any other reasonable cause such matters, or any part thereof, may be transacted and disposed of by or under the directions of any
judge of the High Court named for that purpose by the Lord Chancellor.
(4.) Subject to the provisions of this Act, the officers, clerks, and subordinate persons who are, at the commencement of this Act, attached to the London Bankruptcy Court, and their successors, shall be officers of the Supreme Court of Judicature, and shall be attached to the High Court.
(5.) Subject to general rules, all bankruptcy matters shall be
entitled, " In bankruptcy." Petition where to 95. (1.) If the debtor against or by whom a bankruptcy be presented. petition is presented has resided or carried on business within
the London bankruptcy district as defined by this Act for the greater part of the six months immediately preceding the presentation of the petition, or for a longer period during those six months than in the district of any County Court, or is not resident in England, or if the petitioning creditor is unable to ascertain the residence of the debtor, the petition shall be presented to the High Court.
(2.) In any other case the petition shall be presented to the County Court for the district in which the debtor has resided or carried on business for the longest period during the six months immediately preceding the presentation of the petition.
(3.) Nothing in this section shall invalidate a proceeding by reason of its being taken in a wrong court.
96. The London Bankruptcy District shall, for the purposes
of this Act, comprise the city of London and the liberties ruptcy District.
thereof, and all such parts of the metropolis and other places as are situated within the district of any County Court described as a Metropolitan County Court in the list contained in the
third schedule. Transfer of pro
97. (1.) Subject to the provisions of this Act, every court ceedings from having original jurisdiction in bankruptcy shall have jurisdiction
(2.) Any proceedings in bankruptcy may at any time, and at any stage thereof, and either with or without application from any of the parties thereto, be transferred by any prescribed authority and in the prescribed manner from one court to another court, or may by the like authority be retained in the court in which the proceedings were commenced, although it may not be the court in which the proceedings ought to have been commenced.
(3.) If any question of law arises in any bankruptcy proceeding in a County Court which all the parties to the proceeding desire, or which one of them and the judge of the County Court may desire, to have determined in the first instance in the High Court, the judge shall state the facts, in the form of a special case, for the opinion of the High Court. The special
Definition of the
court to court.