discharge is delivered out, the registrar shall forthwith give Rr. 204notice thereof to the Board of Trade. The notice may be according to Form No. 127 in the Appendix, or in such other form as the Board of Trade may from time to time require. 211. 205. The senior registrar in bankruptcy of the High Court, Books to be and every registrar of a County Court having jurisdiction in kept by bankruptcy, shall keep books according to the Forms in the registrars. Appendix, and the particulars given under the different heads (S. 99). in such books shall be entered forthwith after the proceedings shall be had. [1870, r. 240.] 206. The registrars shall make and transmit such extracts Extracts and from their books and shall furnish such information and returns returns. as the Board of Trade may from time to time require. ACCOUNTS AND AUDIT. [1870, r. 241.] 207. The official receiver, until a trustee is appointed, and Record book. thereafter the trustee, shall keep a book to be entitled "The (Ss. 78, 80.) Record Book," in which he shall record all minutes, all pro- [1870, r. 242.] ceedings had, and resolutions passed at any meeting of creditors, or of the committee of inspection, and all such matters as may be necessary to give a correct view of his administration of the estate, but he shall not be bound to insert in the record any document of a confidential nature (such as the opinion of counsel on any matter affecting the interest of the creditors), nor need he exhibit such document to any person other than a member of the committee of inspection. 208. The official receiver, until a trustee is appointed, and Cash book. thereafter the trustee shall keep a book to be entitled the (Ss. 78, 80.) "Cash Book" (which shall be in such form as the Board of [1870, r. 243.] Trade may from time to time direct), in which he shall (subject to the provisions of these Rules as to trading accounts) enter from day to day the receipts and payments made by him. 209. The trustee shall submit the record book and cash book, Books to be together with any other requisite books and vouchers, to the submitted to committee of inspection (if any) when required, and not less inspection. than once every three months. committe of (Ss. 20, 74.) 210. The committee of inspection shall not less than once [1870, r. 245.1 every three months audit the cash book and certify therein [1871, r. 14.] under their hands the day on which the said book was audited. Audit of cash The certificate shall be in the Form No. 82 in the Appendix, book. with such variations as circumstances may require. (Ss. 20, 78, 211. Every trustee shall, at the expiration of six months 79.) from the date of the receiving order, and at the expiration of [1870, r. 246.] every succeeding six months thereafter until his release, trans- Board of mit to the Board of Trade a duplicate copy of the cash book Trade audit of for such period, together with the necessary vouchers and accounts. trustee's Rr. 211 218. (Ss. 74, 78.) copies of the certificates of audit by the committee of inspection. He shall also forward with the first accounts a summary of the debtor's statement of affairs, in such form as the Board [1870, r. 247.] of Trade may direct, showing thereon in red ink the amounts [1871, rr. 14 realised, and explaining the cause of the non-realisation of such assets as may be unrealised. -16.] Copy accounts to be filed. When the estate has been fully realised the trustee shall forthwith send in his accounts to the Board of Trade, although the six months may not have expired. The accounts sent in by the trustee shall be certified and verified by him according to the Form No. 83 in the Appendix. 212. When the trustee's account has been audited, the Board of Trade shall certify that the account has been duly (S. 78.) passed, and thereupon the duplicate copy, bearing a like [1870, rr. 92, certificate, shall be transmitted to the registrar of the Court, 250.] who shall file the same with the proceedings in the bankruptcy. Affidavit of no receipts. (S. 78.) 213. Where a trustee has not since the date of his appointment or since the last audit of his accounts, as the case may be, received or paid any sum of money on account of the [1871, rr. 15, debtor's estate, he shall, at the period when he is required to 16.] transmit his estate account to the Board of Trade, forward to the Board an affidavit of no receipts or payments. Proceedings on resignation. (S. 82.) 214. Upon a trustee resigning, or being released or removed from, his office, he shall deliver over to the official receiver, or, as the case may be, to the new trustee, all books kept by [1870, rr. 125, him, and all other books, documents, papers, and accounts in his possession relating to the office of trustee. 126.] Joint and separate estates accounts. (Ss. 40, 80.), [1870, r. 76.] Debtor's books. (Ss. 50, 54.) Annual returns. 215. Where a receiving order has been made against debtors in partnership, distinct accounts shall be kept of the joint estate and of the separate estate or estates, and no transfer of a surplus from a separate estate to the joint estate on the ground that there are no creditors under such separate estate shall be made until notice of the intention to make such transfer has been gazetted. 216. The Court may, on the application of the official receiver, direct in what manner the debtor's books of account, or any of them, may be disposed of. 217. Every trustee shall, within one month after the 31st day of December in each year, transmit to the Board of Trade [1870, r. 250.] a statement according to the form in the Appendix of every bankruptcy matter in which he is a trustee. Form of certificate of appointment. TRUSTEES. 218. A certificate by the Board of Trade, certifying the appointment of a trustee, shall be in the Form No. 71 in the Appendix, with such variations as circumstances may Rr. 218require. 225. 219. When the appointment of a trustee is certified notice of his appointment shall forthwith be gazetted by the Board of Notice of appointment. Trade. The trustee shall also forthwith insert notice of his appointment in a local paper and send the certificate to the (S. 21, 54, registrar to be filed. 85.) 220. (1.) Where the Board of Trade objects to the Notification of appointment of a trustee, and is required by a majority in objection to value of the creditors to notify the objection to the High High Court. Court, the requisition shall be in Form No. 70 in the Appendix (S. 21, with such variations as circumstances may require. On receipt subs. (3).) of such requisition the Board of Trade shall forthwith transmit a copy thereof to the senior registrar in bankruptcy of the High Court, who shall fix a time for the hearing of the matter. At the hearing the person objected to, and every creditor, and the Board of Trade, shall be entitled to be heard. (2.) The Board of Trade may also with the copy requisition communicate to the Court the grounds of its objections. Any report so made by the Board of Trade shall be primâ facie evidence of statements therein contained. under sect. [1871, rr, 18 -27] 221. It shall be a sufficient objection to the appointment of Trustee not a trustee that he has not complied with the requirements of accounting Sect. 162 of the Act, or of any order of the Board of Trade 162. made thereunder in respect of any matter as to which he was under an obligation to comply. 222. Where a trustee is removed by the Board of Trade, Removal by notice of the order removing him shall at once be transmitted Board of by the Board of Trade to the registrar of the Court, who shall Trade. file the notice with the proceedings in the matter and give (S. 86.) written notice thereof to the official receiver. The Board of Trade shall also cause a notice of the order to be gazetted. 223. A trustee intending to resign his office shall call a Notice of meeting of creditors to consider whether his resignation shall resignation. be accepted or not, and shall give not less than seven days' (Ss. 82, 87.) notice of the meeting to the official receiver. 224. The creditors, or, as the case may be, the committee of Rate of reinspection, in voting the remuneration of the trustee, shall muneration. distinguish between the commission or per-centage payable on (Ss. 72, 73.) the amount realised and the commission or per-centage payable on the amount distributed in dividend. The rate of commission or per-centage on the amount (Sched. 1, realised, shall not exceed the rate on the amount distributed; r. 20.) for instance, if the commission or per-centage on the amount [1870, r. 108.] distributed be two per cent., the commission or per-centage on the amount realised shall not exceed two per cent. 225.-(1.) Where the trustee carries on the business of the Trustee carrybankrupt, he shall keep a distinct account of the trading, and ing on busi ness. Rr. 225 232. (Ss. 57, 78, 80.) (1883, rr. 207 -209.) Notice of release. shall incorporate in the cash book the total weekly amount of the receipts and payments on such trading accounts. (2.) The trading account shall from time to time, and not less than once in every month be verified by affidavit, and the trustee shall thereupon submit such account to the committee of inspection (if any) or such member thereof as may be appointed by the committee for that purpose, who shall examine and certify the same. 226. A trustee, before making application to the Board of application for Trade for his release, shall give notice of his intention so to do, according to the Form No. 93 in the Appendix to all the creditors of the debtor who have proved their debts, and shall [1870, r. 248.] send with such notice a summary of his receipts and payments (S. 82.) Meeting to consider conduct of trustee. as trustee. 227. Where one-fourth in value of the creditors desire that a general meeting of the creditors may be summoned to consider the propriety of removing the trustee, such meeting may be summoned by a member of the committee of inspection, or (Ss. 86, 87.) by the official receiver on the deposit of a sum sufficient to defray the expenses of summoning such meeting. Authority for account at local bank. (S. 74, subs. (4).) Application for directions. (S. 89, subs. (3).) Creditor may trustee's 228. Application by a committee of inspection for authority to the trustee to make his payments into and out of a local bank shall be in Form No. 91 in the Appendix, and the authority shall be in Form No. 92 in the Appendix, with such variations as circumstances may require. 229. Where a trustee desires to apply to the Court for directions in any matter, he may file an application in the Form No. 74 in the Appendix. The Court shall then hear the application or fix a day for hearing it, and direct the trustee to apply by motion. 230. Any creditor who has proved, may apply to the trustee obtain copy of for a copy of the accounts or any part thereof relating to the estate as shown by the "cash book" up to date, and on paying for the same at the rate of threepence per folio of seventy-two words (each figure counting as one word), he shall be entitled to have such copy accordingly. accounts. (Ss. 78, 80.) Fee for list of Disclaimer of leave. 231. In the case mentioned in Sect. 79 of the Act, the fee shall be calculated at the same rate as in the last preceding rule mentioned. DISCLAIMER OF LEASE. 232. A lease may be disclaimed without the leave of the lease without Court in any of the following cases, namely, where the bankrupt has not sub-let or assigned the lease or created any mortgage or charge thereon; and (a.) The rent reserved and real value of the property leased, as ascertained by the property tax assessment, are less than twenty pounds per annum; or (S. 55, subs. (3).) (b.) The estate is administered under the provisions of Rr. 232Sect. 121 of the Act; or 237. (c.) The trustee serves the lessor with notice of his intention (S. 121.) to disclaim, and the lessor does not within seven before the Court. Except as provided by this Rule the disclaimer of a lease without the leave of the Court shall be void. OFFICIAL RECEIVERS. subs. (1).) 233. Judicial notice shall be taken of the appointment of Appointment. the official receivers appointed by the Board of Trade. (Ss. 9, 10.) 234.-(1.) When the Board of Trade, under the powers given Appointment by Sect. 67 of the Act, appoints any person to act as deputy for, of deputy. or in the place of an official receiver, notice thereof shall be (S. 67.) given by letter to the registrar of the Court to which such official receiver is or was attached. The letter shall specify the duration of such acting appointment. (2.) Any person so appointed shall, during his tenure of office, (Ss. 66, 68, have all the status, rights, and powers, and be subject to 69.) all the liabilities of an official receiver. 235.-(1.) An official receiver may be removed from his Removal. office by an order of the Board of Trade. (Ss. 66, 69, Notice of an order removing an official receiver shall be subs. (3), communicated by letter to the registrar of the Court to which s. 121.) the official receiver was attached. (2.) Where an official receiver is removed, or dies, or resigns, all estates, rights, and powers vested in him shall, without any conveyance or transfer, vest in such official receiver as the Board of Trade may appoint. 236. When there are two or more official receivers attached Rota. to the same Court the receivership of estates shall be assigned (s. 66, to them in rotation. The rota shall be commenced by the first subss. (2), (3).) estate being assigned to the receiver whose name comes first in alphabetical order. Provided that the Board of Trade may at any time require a particular estate to be assigned to a particular official receiver. In such case the registrar shall assign, or, as the case may be, transfer the receivership of that estate to the official receiver so designated. 237.-(1.) As soon as the official receiver receives notice that Duties as to he has been appointed to the receivership of an estate, he shall debtor's furnish the debtor with a copy of instructions for the prepara- affairs. tion of his statement of affairs. statement of (Ss. 16, 70, The instructions may be in Form No. 35 in the Appendix, subs. (2).) with such variations or additions as circumstances may require. |