SS. (11.) Any creditor may in the prescribed manner object to any debt scheduled, or to the manner in which 122-125. payment is directed to be made by instalments. (12.) Any person who after the date of the order becomes a creditor of the debtor, shall, on proof of his debt before the registrar, be scheduled as a creditor of the debtor for the amount of his proof, but shall not be entitled to any dividend under the order until those creditors who are scheduled as having been creditors before the date of the order have been paid to the extent provided by the order. (13.) When the amount received under the order is sufficient to pay each creditor scheduled to the extent thereby provided, and the costs of the plaintiff and of the administration, the order shall be superseded, and the debtor shall be discharged from his debts to the scheduled creditors. (14) In computing the salary of a registrar under the County Courts Acts every creditor scheduled, not being a judgment creditor, shall count as a plaint. PART VIII. SUPPLEMENTAL PROVISIONS. Application of Act. partnerships 123. A receiving order shall not be made against any Exclusion of corporation, or against any partnership or association, or and comcompany registered under the Companies Act, 1862. panies. Parliament. 124. If a person having privilege of Parliament com- Privilege of mits an act of bankruptcy, he may be dealt with under this Act in like manner as if he had not such privilege. tion in bank 125.-(1.) Any creditor of a deceased debtor whose Administra debt would have been sufficient to support a bankruptcy ruptcy of petition against such debtor, had he been alive, may pre- estate of sent to the court a petition in the prescribed form1 person dying L insolvent. s. 125. praying for an order for the administration of the estate of the deceased debtor, according to the Law of Bankruptcy. 1r. 200, and Form No. 11 in the Appendix. (2.) Upon the prescribed notice being given to the legal personal representative of the deceased debtor,1 the court may, in the prescribed manner,2 upon proof of the petitioner's debt, unless the court is satisfied that there is a reasonable probability that the estate will be sufficient for the payment of the debts owing by the deceased, make an order for the administration in bankruptcy2 of the deceased debtor's estate, or may upon cause shown dismiss such petition with or without costs. 1 r. 201. 2 r. 202 and Form No. 31 in the Appendix. (3.) An order of administration under this section shall not be made until the expiration of two months from the date of the grant of probate or letters of administration, unless with the concurrence of the legal personal representative of the deceased debtor, or unless the petitioner proves to the satisfaction of the court that the debtor committed an act of bankruptcy within three months prior to his decease. (4) A petition for administration under this section. shall not be presented to the court after proceedings have been commenced in any court of justice for the administration of the deceased debtor's estate, but that court may in such case, on the application of any creditor, and on proof that the estate is insufficient to pay its debts, transfer the proceedings to the court exercising jurisdiction in bankruptcy, and thereupon such last-mentioned court may, in the prescribed manner, make an order for the administration of the estate of the deceased debtor, and the like consequences shall ensue as under an administration order made on the petition of a creditor. 1 Form No. 32 in the Appendix. (5.) Upon an order being made for the administration of a deceased debtor's estate, the property of the debtor shall vest in the official receiver of the court, as trustee thereof, and he shall forthwith proceed to realise and distribute the same in accordance with the provisions of this Act. (6.) With the modifications herein-after mentioned, all the provisions of Part III.1 of this Act, relating to the administration of the property of a bankrupt, shall, so far as the same are applicable, apply to the case of an administration order under this section in like manner as to an order of adjudication under this Act. 1 ss. 37-65. (7.) In the administration of the property of the deceased debtor under an order of administration, the official receiver shall have regard to any claim by the legal personal representative of the deceased debtor to payment of the proper funeral and testamentary expenses incurred by him in and about the debtor's estate, and such claims shall be deemed a preferential debt under the order, and be payable in full, out of the debtor's estate, in priority to all other debts. (8.) If, on the administration of a deceased debtor's estate, any surplus remains in the hands of the official receiver, after payment in full of all the debts due from the debtor, together with the costs of the administration and interest as provided by this Act in case of bankruptcy, such surplus shall be paid over to the legal personal representative of the deceased debtor's estate, or dealt with in such other manner as may be prescribed. (9.) Notice to the legal personal representative of a deceased debtor of the presentation by a creditor of a petition under this section shall, in the event of an order for administration being made thereon, be deemed to be equivalent to notice of an act of bankruptcy, and after such notice no payment or transfer of property made by the legal personal representative shall operate as a discharge to him as between himself and the official receiver; save as aforesaid nothing in this section shall invalidate any payment made or any act or thing done in good s. 125. SS. faith by the legal personal representative before the date 125-127. of the order for administration. Saving as to debts con tracted before Act of 1861. Power to make general rules. (10.) Unless the context otherwise requires, "court," in this section, means the court within the jurisdiction of which the debtor resided or carried on business for the greater part of the six months immediately prior to his decease; "creditor" means one or more creditors qualified to present a bankruptcy petition, as in this Act provided.1 1 s. 6. (11.) General rules, for carrying into effect the provisions of this section, may be made in the same manner and to the like effect and extent as in bankruptcy. 126. No person, not being a trader within the meaning of the Bankruptcy Act, 1861, shall be adjudged bankrupt in respect of a debt contracted before the passing of that Act. The passing of that Act refers to 6th August, 1861, the day on which it received the Royal assent, and not to the date when it came into operation (Ex pte Rashleigh, In re Dalzell, 2 Ch. D., 9, reversing, on this point, s. c. L. R. 20, Eq. 782.) General Rules. 127.-(1.) The Lord Chancellor may from time to time, with the concurrence of the President of the Board of Trade, make, revoke, and alter general rules for carrying into effect the objects of this Act. (2.) All general rules made under the foregoing provisions of this section shall be laid before Parliament within three weeks after they are made if Parliament is then sitting, and if Parliament is not then sitting, within three weeks after the beginning of the then next session of Parliament, and shall be judicially noticed, and shall have effect as if enacted by this Act. (3.) Such general rules as may be required for purposes of this Act may be made at any time after the passing of this Act. (4) Provided always, that the said general rules, so made, revoked, or altered, shall not extend the jurisdiction of the court. (5.) After the commencement of this Act no general rule under the provisions of this section shall come into operation until the expiration of one month after the same has been made and issued. Fees, Salaries, Expenditure, and Returns. SS. 127-130. 128.-(1.) The Lord Chancellor may, with the sanction Fees and of the Treasury, from time to time prescribe a scale of remuneration. fees and percentages to be charged for or in respect of proceedings under this Act; and the Treasury shall direct by whom and in what manner the same are to be collected, accounted for, and to what account they shall be paid. The Board of Trade, with the concurrence of the Treasury, shall direct whether any and what remuneration is to be allowed to any officer of, or person attached to, the Board of Trade, performing any duties under this Act, and may from time to time vary, increase, or diminish such remuneration as they may see fit. (2.) This section shall come into operation on the passing of this Act. 129.-(1.) The Lord Chancellor, with the concurrence Judicial of the Treasury, shall direct whether any and what re- salaries, &c. muneration is to be allowed to any person (other than an officer of the Board of Trade) performing any duties. under this Act, and may from time to time vary, increase, or diminish such remuneration as he may think fit. (2.) This section shall come into operation on the passing of this Act. accounts of receipts and 130.—(1.) The Treasury shall annually cause to be Annual prepared and laid before both Houses of Parliament an account for the year ending with the thirty-first day of expenditure March, showing the receipts and expenditure during that in respect of bankruptcy year in respect of bankruptcy proceedings, whether com- proceedings. menced under this or any previous Act, and the provisions |