INDEX.

Abroad,

proceedings

may be stayed, if creditor in England, 17.
property situate,

personal estate vests in trustee, 69, 70.
real estate governed by lex loci, 68.

Accountants,

bills and charges subject to taxation, 110 (s. 73 (3)).

Accounts

Act,

of Board of Trade.

not to be allowed in trustee's accounts
without proof of taxation, ib.

audit of, as Treasury direct, 150 (s. 130 (2)).
of trustees, 114, 240-242 (s. 78, r r. 207-217).
to be prepared by Treasury, 149 (s. 130 (1)).
and laid before Parliament annually, ib.

applicable to foreigner, when, 1, 9 (s. 6 (1) (d.)).
extent of, 1 (s. 2).

Actions,

against bankrupt

commenced, cannot be,

after receiving order, 13 (s. 9 (1)).

stayed, may be,

at any time after presentation of petition, 16 (s. 10 (2)).
by Court of Bankruptcy, ib.

in which pending, ib.

service of order, 17 (s. 11).

by or against bankrupt in High Court,

transferred, may be,

by and to judge making receiving order, 131 (s. 102 (4)).
by or against joint contractors with bankrupt,

bankrupt need not be joined, 139 (s. 114)

H H

Actions-continued.

by or against trustee

in official name, 117 (s. 83).

trustee cannot sue or defend without leave from committee of inspection, 98 (s. 57 (2)).

by trustee, in what Division to be brought, 210 (r. 91). by trustee and bankrupt's partners

by leave of court, 139 (s. 113).

Acts of Bankruptcy,

a conveyance of property to trustees for the benefit of creditors generally, 2 (s. 4 (1) (a.)).

in England, ib.

if executed elsewhere must operate according to English law, ib.

a fraudulent conveyance, gift, delivery, or transfer, of whole or part of debtor's property, 2 (s. 4 (1) (b.)).

of whole for past debt

intent to defeat and delay creditors implied by law, 2. exceptions

where there is a substantial exception from the assignment, 2.

a substantial advance made to debtor, 3. has been a bonâ fide prior agreement, 3. deeds fraudulent under 13 Eliz., c. 5, 3.

an act of fraudulent preference, 4 (s. 4 (1) (c.)).

what is such, 81-83 (s. 48).

departing from or remaining out of England, or departing from dwelling-house, or otherwise absenting

himself, or beginning to keep house, 4, 5 (s. 4

(1) (d.)).

intent to defeat or delay creditors being essential, 4. execution for any amount levied by seizure and sale, 5, 6 (s. 4 (1) (e.)).

under process in an action, 5.
not complete until sale, ib.

filing a declaration of inability to pay debts, 6 (s. 4 (1)(f.)).
non-compliance with a bankruptcy notice, ib. (s. 4 (1) (g.)).
notice by a debtor that he has suspended or is about to
suspend payment, 7 (s. 4 (1) (h.)).
presentation of a bankruptcy petition by a debtor, 6
(S. 4 (1) (f.)).

receiving order made upon a judgment summons, 133
(s. 103 (5)).

when

must have occurred within three months before presentation of petition, 9 (s. 6 (1) (c.)).

Adjournment,

at any time, 136, 194 (s. 105 (2), r. 24).

from chambers to court and vice versâ, 125, 190 (r. 7).
from Registrar to Judge, 341, 346, 347.

of debtor's summons

from Registrar of High Court to Judge for purpose of
committal, 343.

Adjudication of Bankruptcy,

annulment of, 49, 34 (s. 35, 23 (2)).

effect of,

property of debtor forthwith vests in trustee, 28, 90
(s. 20 (1), 54 (1)).

evidence of,

London Gazette containing notice, 29, 150 (s. 132 (2)).
form of, 227 (r. 157 (1)).—Form No. 38.-

notice of,

to be gazetted and advertised, 29, 227 (s. 20(2),r. 157(2)).
given by Registrar to official receiver and Board of
Trade, 227 (r. 157 (2)).

on what grounds,

if composition or scheme not accepted, 28 (s. 20 (1)).
if creditors do not meet, ib.

so resolve, ib.

on application of debtor, 29, 226 (r. 155).
on other grounds, 227 (r. 156).

Administration of estates of persons dying insolvent,
administration of property generally

to be the same as in bankruptcy, 147 (s. 125 (6).

court

meaning of, in this section, 148 (s. 125 (10)).

notice of presentation of petition

effect of, on legal personal representative, 147 (s. 125 (9)).

order for, 146 (s. 125 (2)).

form of, 239 (r. 202).-Form No. 31.-

not to be made

until two months after grant of probate or letters of
administration, 146 (s. 125 (3)).

unless legal personal representative concurs, or
deceased is proved to have committed an act
of bankruptcy within three months prior to his
decease, ib.

Administration of estates of persons dying insolvent-continued.

not to be presented after proceedings commenced in any court, 146 (s. 125 (4)).

service of,

on each executor, 238 (r. 201 (1)).

,, person who has taken out letters of adminis tration, ib.

,, any person directed by the court, ib. how proved, 239 (r. 201 (2)). preferential debts payable in full,

funeral and testamentary expenses, 147 (s. 125 (7)). property,

administration of, same as in bankruptcy, 147 (s. 125 (6)). vests in official receiver on order being made, 146 (s. 125 (5)).

transfer,

from ordinary court to bankruptcy court, 146 (s. 125 (4)) on application of creditor and proof that estate is insufficient to pay its debts, ib.

surplus,

after payment of debts and costs,

to be paid to legal personal representative, 147 (s. 125 (8)).

Administration Order in a County Court,

where judgment obtained in a county court and debtor's total debts do not exceed £50, inclusive of judgment debt, 143, 351 (s. 122 (1)).

costs of,

not to exceed 25. in £, 144, 381, 382 (s. 122 (8)).
creditors after date of order

may prove, 145, 354, 356 (s. 122 (12)).
dividend postponed, ib.

default by debtor

in paying instalments, 144, 355 (s. 122 (6)).

discharge of debtor,

when, 145 (s. 122 (13)).

effect of,

bars remedies in respect of debts notified, 144 (s. 122 (5)). pending proceedings may be stayed, ib.

execution may issue,

when debtor's property exceeds 10, 143 (s. 122 (4)). protected goods, ib.

forms, 357-366.

hearing

procedure on, 352, 353

Administration Order in a County Court-continued.
notice of,

to be sent to Registrar of County Court judgments, 144
(s. 122 (9)).

to every creditor notified by debtor, or who
has proved ib., 353.

to debtor, 353.

posted in office of county court of debtor's dis-
trict, ib.

not invalid

by reason only of debts exceeding £50, 143 (s. 122 (2)).
may be set aside, ib., 355.

preferential claims,

costs of plaintiff in action, 144 (s. 122 (8)).

administration, ib.

proceedings pending,

in any County Court or Inferior Court, may be stayed,
144 (s. 122 (5)).

costs of, to be added to debt, ib.

when each creditor paid amount provided, and costs of
plaintiff and administration paid, 145 (s. 122(13)).

set aside,

on what grounds, 355.

transfer,

to County Court where debtor or majority of creditors
reside, 143 (s. 122 (3)).

varying order, 355.

Affidavits,

before whom to be sworn, 151 (s. 135).

in England, ib.

abroad, ib.

judicial notice of seal and signature of such persons, 199
(r. 50).