No. 2.

Trustee's Account of Receipts and Payments.
The Bankruptcy Act, 1890.

In the Matter of a Deed of Arrangement

No.

Between
Dated the

day of

and his Creditors.
189
Trustee

Registered the

day of

ACCOUNT of RECEIPTS and PAYMENTS pursuant to Section 25 of the Bankruptcy Act, 1890.

189

NOTE.-The outstanding estate consists of (here set out particulars of any outstanding estate and the estimated value thereof).

No. 3.

Affidavit verifying Trustees' Account.

In the matter of a Deed of Arrangement dated the
and registered the

189

between A.B. as debtor and G.H. as trustee.

day of

day of 189 "

I, G. H., of the trustee of the estate comprised in the abovementioned deed, make oath and say:

day of

That the account hereunto annexed marked B. contains a full and true account of my receipts and payments on account of the estate comprised in the said deed from the 189 to the day of 189 inclusive, and that I have not, nor has any other person by my order or for my use during such period, received any moneys on account of the said estate *other than and except the items mentioned and specified in the said account.

*NOTE.-If no receipts or payments, strike out the words in italics.

No. 4.

Trustees' Trading Account.

(Title as in No. 3.)

G.H., the trustee of the property of the bankrupt in account with the

To be in

+We have examined this account with the vouchers and find the same

serted if the correct, and we are of opinion the expenditure has been proper.

accounts have

been audited

Dated this

189

day of

[or member of the Committee of Inspection].

Committee of Inspection

No. 5.

List of Dividends or Composition.

(Title as in No. 3.)

I hereby certify that a dividend (or composition) of

in the £

has been paid, and that the creditors whose names are set forth below are entitled to the amounts set opposite their respective names.

Affidavit by Trustee with Final Account.

In the matter of a Deed of Arrangement dated the

I,

189

and registered the

and

day of

day of between

189
as Trustee.

the Trustee appointed under the

terms of the above-mentioned deed [or the person distributing the composition herein], make oath and say:

1. That the account hereunto annexed (together with the previous accounts rendered by me), contain a full and true account of all my receipts and payments on account of the estate referred to in the above-mentioned deed, and of any receipts and payments on my behalf as such Trustee.

2. That all the property assigned under the deed, or so much thereof as can probably be realised, has been realised, and distributed according to the terms of the deed.

3. That the composition proposed under the deed has been fully received and distributed as far as possible, as shown in the list marked C accompanying the account.

2. That the trusts of the above-mentioned deed have been fully carried out.

Former rules annulled.

Short title

and applica

tion of rules. Request for order.

Form 1.

Contents of request. Form 1.

THE BANKRUPTCY (ADMINISTRATION ORDER) RULES, 1902.
DATED JULY 10, 1902.

1902. No. 567.

It is ordered as follows:

1. The rules made on 21st December, 1888, under the provisions of section 122 of the Bankruptcy Act, 1883† (hereinafter called the Act), are hereby annulled as from the twenty-fourth day of October, 1902, and the following rules shall thereafter stand in lieu thereof, and shall apply, so far as may be practicable (unless otherwise expressly provided), to all proceedings taken under administration orders or requests for orders in force or pending on that day. They may be cited as the Bankruptcy (Administration Order) Rules, 1902.

2. A debtor against whom a judgment has been obtained in a county court, and who desires to obtain an administration order under section of 122 of the Act, shall file with the registrar of the court a request and statement in writing in the form No. 1 in the Appendix.

When the debtor is illiterate and unable to fill up the request and statement, the registrar or his clerk shall fill them up from the information given by the debtor.

3.-(1.) The debtor shall state in his request whether he proposes to pay his creditors in full, or whether he proposes to pay a composition. In the latter case he shall further state the amount in the pound which he proposes to pay, and in either case he shall state the amount of the monthly or other instalments by which he proposes to pay.

(2.) The debtor shall set out in a list attached to his request the names, addresses, and descriptions of all his creditors, including all secured creditors, and all creditors having power to distrain, such as creditors for rent, rates, and taxes. Where a creditor is secured, or any person in addition to the debtor is liable for any debt, the particulars and estimated value of the security, or the name and address of such other person, shall be stated. Where judgment has been obtained or proceedings are pending in any county court or inferior court in respect of any debt scheduled that fact shall be stated, and the order or summons in each case must be produced to the registrar.

(3.) The debtor shall attach to his request and statement an affidavit deposing that, to the best of his knowledge, information, and belief, the names of all his creditors, and the true amounts of the debts due from him to them, are set out in the list attached to the request, and that the statements made by him in his request and statement are true.

* Printed in Statutory Rules and Orders, Revised (1st Edition), Vol. 1, at p. 250. 46 & 47 Vict. c. 52.

4. Upon a request being filed the registrar shall appoint a day Notice of for the hearing, and shall as soon as may be send in the form request. No. 3 in the Appendix a notice to all the creditors mentioned in Form 3. the list of the day and hour when the request will be heard. The notice shall be sent by post not less than ten clear days before the day appointed for hearing the request.

The registrar shall also in like manner send a notice to the Form 2. debtor in the form No. 2 in the Appendix.

Provided, that where on the filing of a request it appears that the debtor or a majority of the creditors resides or reside in the district of another county court, the registrar may before appointing a day for the hearing refer the matter to the judge; and thereupon the judge may either direct that the request shall proceed, or may, if he is of opinion that it would be inconvenient that the court should administer the estate, order the request Form 4 and a certificate of the judgment to be forwarded to the county court in the district of which the debtor or a majority of the creditors resides or reside, and thereupon the latter court shall proceed as if the request had originally been filed therein. Before making such order as last mentioned the judge may, if he thinks fit, direct notice to be given to the debtor to attend at the court on a day to be named in the notice, and to show cause why such order should not be made. If such order is made, a copy thereof shall be sent by post by the registrar to the debtor.

5. Any creditor to whom notice of the hearing of a request has been sent, and who desires to object to any debt scheduled by the debtor, or to the amount of the composition of the instalments which the debtor proposes to pay, shall send written notice of his objection, by post or otherwise, to the registrar and to the debtor, and in the case of objection to a debt to the creditor whose debt is objected to, not less than five clear days before the day appointed for the hearing of the request; and he shall state in the notice the grounds of his objection. Provided, that by leave of the judge an objection may be heard although such notice has not been given.

Objection to debts

scheduled by debtor, or to composition or instal

ments offered,

6. At any time between the filing and the hearing of a Stay of prorequest the judge or registrar of the court in which the request ceedings is filed may stay the proceedings on any execution, judgment between filing and summons, or order of commitment issued against the property hearing of or person of the debtor in respect of any debt scheduled to the request. request, whether issued by the court in which the request is filed, or issued by any other county court or inferior court and sent for execution to the court in which the request is filed; but in any such case the costs of such execution, judgment summons, or order of commitment incurred by the creditor before the stay of proceedings may be allowed, and such costs may on application be added to the debt scheduled.