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estates as may be appointed by the Board of Trade for that purpose shall from and after the commencement of this Act be the trustee in the place of the registrar, and the property of the bankrupt shall pass to and vest in the official receiver accordingly.
Unclaimed Funds or Dividends. Unclaimed and
162. (1.) Where the trustee, under any bankruptcy, comdividends or position or scheme pursuant to this Act, shall have under his funds under this control any unclaimed dividend which has remained unclaimed
for more than six months, or where, after making a final dividend, such trustee shall have in his hands or under his control any unclaimed or undistributed moneys arising from the property of the debtor, he shall forthwith pay the same to the Bankruptcy Estates Account at the Bank of England. The Board of Trade shall furnish him with a certificate of receipt of the money so paid, which shall be an effectual discharge to him in respect thereof.
(2.) (a.) Where, after the passing of this Act, any unclaimed or undistributed funds or dividends in the hands or under the control of any trustee or other person empowered to collect, receive, or distribute any funds or dividends under any Act of Parliament mentioned in the fourth schedule, or any petition, resolution, deed, or other proceeding under or in pursuance of any such Act, have remained or remain unclaimed or undistributed for six months after the same became claimable or distributable, or in any other case for two years after the receipt thereof by such trustee or other person, it shall be the duty of such trustee or other person forthwith to pay the same to the Bankruptcy Estates Account at the Bank of England. The Board of Trade shall furnish such trustee or other person with a certificate of receipt of the money so paid, which shall be an effectual discharge to him in respect thereof.
(6.) The Board of Trade may at any time order such trustee or other person to submit to them an account verified by affidavit of the sums received and paid by him under or in pursuance of any such petition, resolution, deed, or other proceeding as aforesaid, and may direct and enforce an audit of the account.
(c.) The Board of Trade, with the concurrence of the Treasury, may from time to time appoint a person to collect and get in all such unclaimed or undistributed funds or dividends, and for the purposes of this section any court having jurisdiction in bankruptcy shall have and at the instance of the person so appointed, or of the Board of Trade, may exercise all the powers conferred by this Act with respec to the discovery and realisation of the property of a debtor, and the provisions of Part I. of this Act with respect thereto shall, with any necessary modifications, apply to proceedings under this section.
(3.) The provisions of this section shall not, except as expressly declared herein, deprive any person of any larger or other right or remedy to which he may be entitled against such trustee or other person.
(4.) Any person claiming to be entitled to any moneys paid in to the Bankruptcy Estates Account pursuant to this section may apply to the Board of Trade for payment to him of the same, and the Board of Trade, if satisfied that the person claiming is entitled, shall make an order for the payment to such person of the sum due.
Any person dissatisfied with the decision of the Board of Trade in respect of his claim may appeal to the High Court.
(5.) The Board of Trade may at any time after the passing of this Act open the account at the Bank of England referred to in this Act as the Bankruptcy Estates Account.
Punishment of Fraudulent Debtors. 163. (1.) Sections eleven and twelve of the Debtors Act, Extension of 1869 (a), relating to the punishment of fraudulent debtors and penal provisions
& imposing a penalty for absconding with property, shall have c. 62, to petitioneffect as if there were substituted therein for the words “if ing debtors, &c. after the presentation of a bankruptcy petition against him," the words “ if after the presentation of a bankruptcy petition by or against him."
(2.) The provisions of the Debtors Act, 1869, as to offences by bankrupts shall apply to any person whether a trader or not in respect of whose estate a receiving order has been made as if the term “ bankrupt” in that Act included a person in respect of whose estate a receiving order had been made.
164. Section sixteen of the Debtors Act, 1869, shall be Power for court construed and have effect as if the term “a trustee in any tion on report of
order prosecubankruptcy” included the official receiver of a bankrupt's estate, official receiver. and shall apply to offences under this Act as well as to offences under the Debtors Act, 1869.
165. (1.) Where there is, in the opinion of the court, ground Power for court to believe that the bankrupt or any other person has been guilty of any offence which is by statute made a misdemeanour in cases of bankruptcy, the court may commit the bankrupt or such other person for trial.
(2.) For the purpose of committing the bankrupt or such other person for trial the court shall have all the powers of a stipendiary magistrate as to taking depositions, binding over witnesses to appear, admitting the accused to bail, or otherwise.
to commit for trial.
(a) See ante, p. 476.
cutor to act in certain cases.
Nothing in this sub-section shall be construed as derogating
from the powers or jurisdiction of the High Court. Public prose- 166. Where the court orders the prosecution of any person for
any offence under the Debtors Act, 1869, or Acts amending it, or for any offence arising out of or connected with any bankruptcy proceedings, it shall be the duty of the Director of Public
Prosecutions to institute and carry on the prosecution. Criminal liability 167. Where a debtor has been guilty of any criminal offence after discharge he shall not be exempt from being proceeded against therefor by or composition.
reason that he has obtained his discharge or that a composition or scheme of arrangement has been accepted or approved.
Interpretation. Interpretation of 168. (1.) In this Act, unless the context otherwise requires
“ The court” means the court having jurisdiction in bank
ruptcy under this Act : “ Affidavit ” includes statutory declarations, affirmations, and
attestations on honour: “ Available act of bankruptcy" means any act of bankruptcy
available for a bankruptcy petition at the date of the presentation of the petition on which the receiving order
is made : “Debt provable in bankruptcy” or “provable debt" includes
any debt or liability by this Act made provable in
High Court ” means Her Majesty's High Court of Justice :
the bankruptcy district in which the proceedings are taken: “Oath" includes affirmation, statutory declaration, and
attestation on honour : “Ordinary resolution means a resolution decided by a majority
in value of the creditors present, personally or by proxy,
at a meeting of creditors and voting on the resolution : “Person” includes a body of persons corporate or unin
corporate : “ Prescribed means prescribed by general rules within the
meaning of this Act : “Property” includes money, goods, things in action, land, and
every description of property, whether real or personal, and whether situate in England or elsewhere; also obligations, easements, and every description of estate, interest, and profit, present or future, vested or contingent, arising out
of or incident to property as above defined : “Resolution" means ordinary resolution :
“Secured creditor” means a person holding a mortgage charge
or lien on the property of the debtor, or any part thereof,
as a security for a debt due to him from the debtor : “ Schedule” means schedule to this Act : “ Sheriff” includes any officer charged with the execution of a
writ or other process : “Special resolution ” means a resolution decided by a majority
in number and three-fourths in value of the creditors present, personally or by proxy, at a meeting of creditors
and voting on the resolution : “ Treasury
the Commissioners of Her Majesty's Treasury : “Trustee means the trustee in bankruptcy of a debtor's
estate. (2.) The schedules to this Act shall be construed and have effect as part of this Act.
THE FIRST SCHEDULE.
MEETINGS OF CREDITORS. 1. The first meeting of creditors shall be summoned for a day not later than fourteen days after the date of the receiving order, unless the court for any special reason deem it expedient that the meeting be summoned for a later day.
2. The official receiver shall summon the meeting by giving not less than seven days notice of the time and place thereof in the London Gazette and in a local paper.
3. The official receiver shall also, as soon as practicable, send to each creditor mentioned in the debtor's statement of affairs a notice of the time and place of the first meeting of creditors, accompanied by a summary of the debtor's statement of affairs, including the causes of his failure, and any observations thereon which the official receiver may think fit to make; but the proceedings at the first meeting shall not be invalidated by reason of any such notice or summary not having been sent or received before the meeting.
4. The meeting shall be held at such place as is in the opinion of the official receiver most convenient for the majority of the creditors.
5. The official receiver or the trustee may at any time summon a meeting of creditors, and shall do so whenever so directed by the court, or so requested in writing by one-fourth in value of the creditors.
6. Meetings subsequent to the first meeting shall be summoned by sending notice of the time and place thereof to each creditor at the address given in his proof, or if he has not proved, at the address given in the debtor's statement of affairs, or at such other address as may be known to the person summoning the meeting.
7. The official receiver, or some person nominated by him, shall be the chairman at the first meeting. The chairman at subsequent meetings shall be such person as the meeting by resolution appoint.
8. A person shall not be entitled to vote as a creditor at the first or any other meeting of creditors unless he has duly proved a debt provable in bankruptcy to be due to him from the debtor, and the proof has been duly lodged before the time appointed for the neeting.
9. A creditor shall not vote at any such meeting in respect of any unliquidated or contingent debt, or any debt the value of which is not ascertained.
10. For the purpose of voting, a secured creditor shall, unless he surrenders his security, 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 vote only in respect of the balance (if any) due to him, after deducting the value of his security. If he votes in respect of his whole debt he shall be deemed to have surrendered his security unless the court on application is satisfied that the omission to value the security has arisen from inadvertence.
11. A creditor shall not vote in respect of any debt on or secured by a current bill of exchange or promissory note held by him, unless he is willing to treat the liability to him thereon of every person who is liable thereon antecedently to the debtor, and against whom a receiving order has not been made, as a security in his hands, and to estimate the value thereof, and for the purposes of voting, but not for the purposes of dividend, to deduct it from his proof.
12. It shall be competent to the trustee or to the official receiver, within twenty-eight days after a proof estimating the value of a security as aforesaid has been made use of in voting at any meeting, to require the creditor to give up the security for the benefit of the creditors generally on payment of the value so estimated, with an addition thereto of twenty per centum : Provided, that where a creditor has put a value on such security, he may, at any time before he has been required to give up such security as aforesaid, correct such valuation by a new proof, and deduct such new value from his debt, but in that case such addition of twenty per centum shall not be made if the trustee requires the security to be given up.
13. If a receiving order is made against one partner of a firm, any creditor to whom that partner is indebted jointly with the other partners of the firm, or any of them, may prove his debt for the purpose of voting at any meeting of creditors, and shall be entitled to vote thereat.
14. The chairman of a meeting shall have power to admit or reject a proof for the purpose of voting, but his decision shall be subject to appeal to the court. If he is in doubt whether the proof of a creditor should be admitted or rejected, he shall mark the proof as objected to, and shall allow the creditor to vote, subject to the vote being declared invalid in the event of the objection being sustained.
15. A creditor may vote either in person or by proxy,
16. Every instrument of proxy shall be in the prescribed form, and shall be issued by the official receiver, or, after the appointment of a trustee, by the trustee, and every insertion therein shall be in the handwriting of the person giving the proxy.
17. A creditor may give a general proxy to his manager or clerk, or any other person in his regular employment. In such case the instrument of proxy shall state the relation in which the person to act thereunder stands to the creditor.
18. A creditor may give a special proxy to any person to vote at any specified meeting, or adjournment thereof, for or against any specific resolution or for or against any specified person as trustee, or member of a committee of inspection.
19. A proxy shall not be used unless it is deposited with the official receiver or trustee before the meeting at which it is to be used.
20. Where it appears to the satisfaction of the court that any solicitation has been used by or on behalf of a trustee or receiver in obtaining proxies, or in procuring the trusteeship or receivership, except by the direction of a meeting of creditors, the court shall have power, if it think fit, to order that no remuneration shall be allowed to the person by whom or on whose behalf such solicitation may have been exercised, notwithstanding any resolution of the committee of inspection or of the creditors to the contrary,