such persons as they think fit to be official receivers of ss. 66, 67. debtors' estates, and may remove any person so appointed official refrom such office. The official receivers of debtors' estates ceivers of shall act under the general authority and directions of debtors' the Board of Trade, but shall also be officers of the courts to which they are respectively attached. 1 Judicial notice is to be taken of all such appointments (r. 233). 2 r. 235. 3 The Board of Trade may also direct what acts and duties he must discharge in person, and what he may by deputy (r. 241). (2.) The number of official receivers so to be appointed, and the districts to be assigned to them, shall be fixed by the Board of Trade, with the concurrence of the Treasury. One person only shall be appointed for each district unless the Board of Trade, with the concurrence of the Treasury, shall otherwise direct; but the same person may, with the like concurrence, be appointed to act for more than one district. (3.) Where more than one official receiver is attached to the Court, such one of them as is for the time being appointed by the Court for any particular estate shall be the official receiver for the purposes of that estate. The Court shall distribute the receiverships of the particular estates among the official receivers in the prescribed manner.1 1 r. 236. estates. official 67.—(1.) The Board of Trade may from time to time, Deputy for by order direct that any of its officers mentioned in the receiver. order shall be capable of discharging the duties of any official receiver during any temporary vacancy in the office, or during the temporary absence of any official receiver through illness or otherwise. In cases of emergency a Registrar may act for an official receiver (r. 243). (2.) The Board of Trade may, on the application of an official receiver, at any time by order nominate some fit person to be his deputy, and to act for him for such ss. 67-69. time not exceeding two months as the order may fix, and under such conditions as to remuneration and otherwise as may be prescribed. Status of official receiver. Duties of official receiver as regards the debtor's conduct. When the Board of Trade makes an appointment under this section it shall give notice to the Registrar of the Court to which the official receiver was attached and specify the duration of such acting appointment (r. 234 (1)). A person so appointed shall have all the powers of, and be subject to the same liabilities as, an official receiver (r. 234 (2)). 68.-(1.) The duties of the official receiver shall have relation both to the conduct of the debtor and to the administration of his estate. (2.) An official receiver may, for the purpose of affidavits verifying proofs, petitions, or other proceedings under this Act, administer oaths. (3.) All expressions referring to the trustee under a bankruptcy shall, unless the context otherwise requires, or the Act otherwise provides, include the official receiver when acting as trustee. (4.) The trustee shall supply the official receiver with such information, and give him such access to, and facilities for inspecting the bankrupt's books and documents and generally shall give him such aid, as may be requisite for enabling the official receiver to perform his duties under this Act. 69. As regards the debtor, it shall be the duty of the official receiver (1.) To investigate the conduct of the debtor and to report to the Court, stating whether there is reason to believe that the debtor has committed any act which constitutes a misdemeanor under the Debtors Act, 1869, or any amendment thereof, or under this Act, or which would justify the Court in refusing, suspending or qualifying an order for his discharge.2 1 Such report being primâ facie evidence of the statements therein contained (s. 28. (4)). Iss. 28 (2) (3) and 29, (2.) To make such other reports concerning the con- ss. 69, 70. duct of the debtor as the Board of Trade may direct. (3) To take such part as may be directed by the Board of Trade in the public examination of the debtor. And for this purpose if specially authorised by the Loard of Trade may employ a solicitor with or without counsel (s. 17 (5) ). (4) To take such part, and give such assistance, in relation to the prosecution of any fraudulent debtor as the Board of Trade may direct. 70.-(1.) As regards the estate of a debtor it shall be Duties of the duty of the official receiver official receiver as to (a.) Pending the appointment of a trustee, to act as debtor's where a special manager is not appointed, as 1 As to the appointment of a special manager, see s. 12. (b.) To authorise the special manager to raise money in any case where, in the interests of the creditors, (c.) To summon and preside at the first meeting of 1 See Sch. I., ss. 1 and 7. (d.) To issue forms of proxy for use at the meetings of creditors: 1 After the appointment of a trustee, forms of proxy may be issued by him, Sch. I., s. 16, see further as to proxies, Sch. I., ss. 15-21. (e.) To report to the creditors as to any proposal which the debtor may have made with respect to the mode of liquidating his affairs: (f.) To advertise the receiving order, the date of the creditors' first meeting and of the debtor's public examination, and such other matters as it may be necessary to advertise : estate. ss. 70, 71. (g) To act as trustee during any vacancy in the office of trustee. Power for Board of Trade to appoint officers. (2.) For the purpose of his duties as interim receiver or manager the official receiver shall have the same powers as if he were a receiver and manager appointed by the High Court, but shall, as far as practicable, consult the wishes of the creditors with respect to the management of the debtor's property, and may for that purpose, if he thinks it advisable, summon meetings of the persons claiming to be creditors, and shall not, unless the Board of Trade otherwise order, incur any expense beyond such as is requisite for the protection of the debtor's property or the disposing of perishable goods.2 Provided that when the debtor cannot himself prepare a proper statement of affairs, the official receiver may, subject to any prescribed conditions,3 and at the expense of the estate, employ some person or persons to assist in the preparation of the statement of affairs. 1 Power is also given to the official receiver or the trustee to summon a meeting of creditors at any time (Sch. I., s. 5). 2 But the official receiver may, while in possession of the debtor's property, make him an allowance for the support of himself and family, subject to any directions from the Board of Trade (r. 238). r. 239. It is also the duty of the official receiver to furnish the debtor with a copy of instructions for the preparation of his statement of affairs (r. 237 (1) ), and either himself or by deputy to have an interview with the debtor for the purpose of investigating his affairs, and determining whether his estate should be administered under section 121 (r. 237 (2)). (3.) Every official receiver shall account to the Board of Trade and pay over all moneys and deal with all securities in such manner as the Board from time to time direct.1 71. The Board of Trade may, at any time after the passing of this Act, and from time to time, with the approval of the Treasury, appoint such additional officers, including official receivers, clerks, and servants (if any) as may be required by the Board for the execution of ss. 71, 72. this Act, and may dismiss any person so appointed. 1 1 Judicial notice is to be taken of any such appointment (r. 242). PART V. TRUSTEES IN BANKRUPTCY. Remuneration of Trustee. of trustee. 72.—(1.) Where the creditors appoint any person to be Remuneration trustee of a debtor's estate, his remuneration (if any) shall be fixed by an ordinary resolution of the creditors or if the creditors so resolve by the Committee of Inspection, and shall be in the nature of a commission or percentage, of which one part shall be payable on the amount realised, after deducting any sums paid to secured creditors out of the proceeds of their securities, and the other part on the amount distributed in dividend.2 1 Notwithstanding any resolution, the Court may deprive a trustee of all remuneration if any solicitation is proved to have been used by him or on his behalf in obtaining proxies or in procuring the trusteeship except by the direction of a meeting of creditors (Sch. I., s. 20). 2 r. 224. (2.) If one fourth in number or value of the creditors dissent from the resolution, or the bankrupt satisfies the Board of Trade that the remuneration is unnecessarily large, the Board of Trade shall fix the amount of the remuneration. (3.) The resolution shall express what expenses the remuneration is to cover, and no liability shall attach to the bankrupt's estate, or to the creditors, in respect of any expenses which the remuneration is expressed to cover. (4.) Where no remuneration has been voted to a trustee he shall be allowed out of the bankrupt's estate such proper costs and expenses incurred by him in or |