§§ 133, 134. duly convened and held, and all resolutions passed or proceedings had thereat to have been duly passed or had. Evidence of Resolutions conclusive evidence. 134. Any petition or copy of a petition in bankruptcy, any order or certificate or copy of an order or certificate made by any Court having jurisdiction in bankruptcy, any instrument or copy of an instrument, affidavit, or document made or used in the course of any bankruptcy proceedings, or other proceedings had under this Act, shall, if it appears to be sealed with the seal of any Court having jurisdiction in bankruptcy, or purports to be signed by any Judge thereof, or is certified as a true copy by any registrar thereof, be receivable in evidence in all legal proceedings whatever. Sect. 107 of the 1869 Act made all documents sealed by the Court or signed by the Judge evidence of such proceedings. The present Act (Sect. 134) has re-enacted Sect. 107, but the words "or is certified to be a true copy by any registrar thereof" are new. As to Meetings. As to the chairman at meetings of creditors, see Sched. 1, rr. 7, 14. As to accepting or rejecting proofs, and adjournment, rr. 22, 23, and 24 And by r. 25 it is provided that " a chairman of every meeting shall cause minutes of the proceedings at the meeting to be drawn up and fairly entered in a book kept for that purpose, and the minutes shall be signed by him or by the chairman of the next ensuing meeting." The joint effect of Sects. 132, 133, 134, and of the above duly arrived at rule, will therefore be to make all such resolutions arrived at and certified, by the creditors, and the proceedings preliminary and incidental thereto, when, as to such resolutions, the minutes are properly made, and as to such other proceedings, if signed, sealed, or certified by the Court, evidence of such matters and things, and-inasmuch as the Act itself does not provide for the gazetting or other advertising of the acceptance or approval of a composition or scheme of arrangement. Subject to the General §§ 134, 135. Rules, and any special order made, the fact of such acceptance of a composition, whether under Sect. 18 or Sect. 23, and of the approval by the Court, will be evidenced by such certificates, seals, and signature, as directed by the Act (x), and the resolutions evidenced by the minutes, signed as directed. But the evidence of the receiving order, and of the adjudication, will be the Gazette (y). As to evidence of discharge in bankruptcy, see Sect. 30, sub- Evidence of sect. 3; and see General Rules. discharge. When sued, the bankrupt is to give in evidence the Act and the special matter, having previously pleaded the discharge. Where a person was arrested, notwithstanding he had a certificate of the registrar of the registration of a deed of arrangement under the Bankruptcy Act, 1861, it was held he could not maintain an action against the sheriff for detaining him in custody after the production of such certificate to the officer (z). See as to evidence of a stay of proceedings, Sect. 11. Stay of pro See as to evidence of proceedings of Board of Trade, ceedings. Sect. 140. affidavits. 135. Subject to general rules, any affidavit to be used Swearing of in a Bankruptcy Court may be sworn before any person authorised to administer oaths in the High Court, or in the Court of Chancery of the county palatine of Lancaster, or before any registrar of a Bankruptcy Court, or before any officer of a Bankruptcy Court authorised in writing on that behalf by the Judge of the Court, or, in the case of a person residing in Scotland or in Ireland, before a Judge ordinary, magistrate, or justice of the peace, or, in the case of a person who is out of the Kingdom of Great Britain and Ireland, before a magis (x) See Slater v. Jones, and Capes v. Ball, L. R. 8 Ex. 186; 42 L. J. Ex. 122; Phillips v. Furber, L. R. 5 Ch. 746; and see as to signing the instrument, s. 18, sub-s. 7. (y) See Reg. v. Raudnitz, 21 L. T. 621; and Revell v. Blake, ante, and as to locus standi of creditor not (2) Ames v. Waterlow, L. R. 5 C. §§ 135, 136. trate or justice of the peace or other person qualified to Who may administer oaths. Death of witness. Bankruptcy Act, 1869, s. 108. What evidence may be used. administer oaths in the country where he resides (he being certified to be a magistrate or justice of the peace, or qualified as aforesaid by a British Minister or British Consul, or by a notary public). Ord. 61, r. 5 (1883), is as follows: "Every master, and every first and second class clerk in the Filing and Record Department, shall, by virtue of his office, have authority to take oaths and affidavits in the Supreme Court." Officer of a Bankruptcy Court. A trustee as well as a receiver become, virtuti officii, officers of the Court, and, when so authorised, may administer oaths. Under Sect. 68, sub-sect. 2, express authority is also given to the official receiver to administer oaths. 136. In case of the death of the debtor or his wife, or of a witness whose evidence has been received by any Court in any proceeding under this Act, the deposition of the person so deceased, purporting to be sealed with the seal of the Court, or a copy thereof purporting to be so sealed, shall be admitted as evidence of the matters therein deposed to. As to witnesses, the evidence referred to is the deposition of a witness" which has been received by any Court in any proceeding under this Act," and therefore the deposition of a witness in a matter not strictly a bankruptcy matter would not be receivable as evidence; but in the case of the debtor and his wife, their depositions, however or wherever made, when so evidenced by the seal of the Court, is receivable as evidence. Evidence amounting to a confession may be used against the person who gives it, although it was given upon oath, and although the proceeding in which it was given had reference to the same subject-matter as the proceeding in which it is to be proved, and although the witness might have refused to answer the questions put to him (a). (a) See Stephen's Digest of L. of Ev., and R. v. Scott, 1 D. & B. 47; C. 3. R. v. Widdop, L. R. 2 C. Apart from the special enactment, statements, written or §§ 136, 137, verbal, of facts in issue or relevant to the issue are relevant, if 138. the person who made the statement is dead, inter alia: (1) when What evidence it was made by the declarant in the ordinary course of business, to be deemed or in the discharge of professional duty, at or near the time when the matter stated occurred, and of his own knowledge; (2) when the declaration is made against the interest of the person making it (b). See Sect. 17, as to the examination of the debtor upon oath, &c.; and sub-sect. 8, making such depositions in answer evidence against him. relevant. Courts to have 137. Every Court having jurisdiction in bankruptcy Bankruptcy under this Act shall have a seal describing the Court in seals. such manner as may be directed by order of the Lord Bankruptcy Act, 1869, Chancellor, and judicial notice shall be taken of the seal, s. 109. and of the signature of the Judge or registrar of any such Court, in all legal proceedings. 138. A certificate of the Board of Trade that a person Certificate of appointment has been appointed trustee under this Act, shall be con- of trustee. clusive evidence of his appointment. Bankruptcy See Sects. 132, 133, and 134, as to evidence of other matters. See Sect. 21, as to the trustee's appointment. Before the trustee can obtain the certificate, the security As to granting prescribed to be given must have been given, and unless the certificate. Board of Trade otherwise objects to the trustee's appointment, the certificate will be granted by the Board (formerly it was given by the registrar of the Court in which the proceedings were; and see sub-sect. 2), and, when so granted, the appointment takes effect as from the date of the certificate, and not the date of such appointment. And the same rule will apply to all subsequent appointments of trustees successively. See Sects. 86, 87. Pending the appointment (which will include the grant of the certificate of such appointment), the receiver (not the registrar, as under the 1869 Act) will be interim receiver. See Sect. 70, sub-sect. 1, clause (a). And by Sect. 54, until the trustee's appointment, the official receiver is trustee for the (b) Gleadow v. Atkin, 1 C. & M. 423. §§ 138, 139, purposes of the Act, and the property vests in him immediately upon the adjudication being made. 140. Appeal from Board of Trade See Sect. 21, sub-sect. 6, as to failure by creditors to appoint a trustee. As to the appointment of several trustees, see Sect. 84; and as to the official name of the trustee, see Sect. 83. As to the admissibility of the trustee's certificate of appointment, for the purposes of registration, &c., see Sect. 54, sub sect. 4. 139. Where by this Act an appeal to the High Court to High Court. is given against any decision of the Board of Trade, or of the official receiver, the appeal shall be brought within twenty-one days from the time when the decision appealed against is pronounced or made. to trustee. As to appeals generally, see Sect. 104, and notes. Objection of When the Board of Trade object to the trustee under Sect. Board of Trade 21, if so requested by a majority in value of the creditors, the Board is to notify the objection to the High Court, and thereupon the High Court is to decide upon its validity. cases it seems this section will not apply. Appeal by rustee. Proceedings of Trade Cases in which there is an appeal. In such 1. In the case of the objection to the trustee's release by the Board of Trade, see Sect. 82, sub-sect. 1. 2. When the Board removes the trustee from his office for misconduct or failure to perform his duties, see Sect. 86, sub-sect. 2. 3. Under Sect. 16, 2, as to unclaimed dividends. But the Board of Trade may also, under the authority of Sect. 102, upon default of a trustee, debtor, or other person, in obeying any order or direction given by the Board of Trade, or by an official receiver, or any other officer of the Board of Trade, or other duly authorised person, make application to the Court to order and direct such act to be done, and the Court has power to make the order. 140. (1.) All documents purporting to be orders or certificates made or issued by the Board of Trade, and |