Rr. 237245. (S. 69.) (Ss. 16, 24.) Subsistence allowance to debtor. (Ss. 12, 24, (2.) The official receiver, or some person deputed by him, shall also forthwith hold a personal interview with the debtor for the purpose of investigating his affairs and determining whether the estate shall be administered under Sect. 121 of the Act. (3.) It shall be the duty of the debtor to attend at such time and place as the official receiver may appoint. 238. Subject to any general or special directions which the Board of Trade may give, the official receiver, while in the possession of the property of a debtor, may make him such allowance out of his property for the support of himself and 70, subs. (2).) his family as may seem just. In fixing the amount of such allowance the assistance rendered by the debtor in the management of his business or affairs may be taken into account. Special report as to person employed to assist debtor. 239. Whenever, under the powers given by Sect. 70 of the Act, the official receiver employs any person to assist the debtor in the preparation of his statement of affairs, he shall forthwith report the matter by letter to the Board of (Ss. 69, 70.) Trade, justifying his action therein and specifying the remuneration to be allowed to such person. Use of proxies by deputy. (S. 70, subcl. (e), sched 1, rr. 7-20.) Personal performance of duties. (Ss. 68, 69, 70, 71.) Assistant official 240. Where an official receiver who holds any proxy or proxies cannot conveniently attend any meeting of creditors, at which such proxy or proxies might be used, he may depute some person in his employment or under his official control, or some officer of the Board of Trade, by writing under his hand, to attend such meeting and use such proxies on his behalf, and in such manner as he may direct. 241. The Board of Trade may, by general or special directions, determine what acts or duties shall be performed by the official receiver in person, and in what cases he may discharge his functions through the agency of his clerks or other persons in his regular employ or under his official control. 242. An assistant official receiver, appointed by the Board of Trade, shall be an officer of the Court, like the official receiver to whom he is assistant, and, subject to the directions of the (Ss. 66-71.) Board of Trade, he may represent the official receiver in all receivers. Registrar to act in sudden emergency. (S. 99.) Removal of special manager. (Ss. 12, 70, 73.) proceedings in Court, or in any administrative or other matter. Judicial notice shall be taken of the appointment of an assistant official receiver, and he may be removed in the same manner as is provided in the case of an official receiver. 243. In any case of sudden emergency where there is no official receiver capable of acting, any act or thing required or authorised to be done by an official receiver may be done by the registrar. 244. When the official receiver appoints a special manager he may at any time remove him if his employment seems unnecessary or unprofitable to the estate, and he shall remove him, if so required, by a special resolution of the creditors. 245. Applications by the official receiver to the Court may Rr. 245251. be made personally, and without notice or other formality; but the Court may in any case order that an application be renewed in a formal manner, and that such notice thereof be given to any person likely to be affected thereby as the Court may application to direct. Mode of Court. 246. In any case of doubt or difficulty, or in any manner (Ss. 69, 70.) not provided for by the Act or these rules relating to any pro- Application ceeding in Court, the official receiver may apply to the Court for directions. for directions. (Ss. 68, 89, 247. Where a debtor is adjudicated bankrupt, and a trustee subs. (3).) is appointed, the official receiver shall forthwith put the Transfer of property from trustee into possession of all property of the bankrupt which official the official receiver may be possessed of; and it shall be the receiver to duty of the official receiver to communicate to the trustee all trustee. such information respecting the bankrupt and his estate and (Ss. 20, 21, 54.) affairs as may be necessary or conducive to the due discharge of the duties of the trustee. 248. Where a debtor against whom a receiving order has No assets. been inade has no available assets the official receiver shall not (s. 70.) be required to incur any expense in relation to his estate without the express directions of the Board of Trade. 249.-(1.) Where a composition or scheme is sanctioned by Accounting by the Court the official receiver shall account to the debtor, or, official as the case may be, to the trustee under the composition or scheme. (2.) Where a debtor is adjudged bankrupt, and a trustee is appointed, the official receiver shall account to the trustee in the bankruptcy. receiver. (Ss. 18, 23.) (3.) If the debtor, or, as the case may be, the trustee, is (Ss. 81, 91.) dissatisfied with the account or any part thereof, he may report the matter to the Board of Trade, who shall take such action (if any) thereon as it may deem expedient. (4.) The provisions of Part IV. of these Rules as to (S. 78.) trustees and their accounts shall not apply to the official receiver when acting as trustee, but he shall account in such manner as the Board of Trade may from time to time direct. 250. Where there is no committee of inspection any functions To act for of the committee of inspection which devolve on the Board of Board of Trade may, subject to the directions of the board, be exercised by the official receiver. PAYMENTS INTO AND OUT OF BANK. Trade where no committee of inspection. (S. 22, subs. (9), s. 121.) 251. Where the trustee is authorised to have an account at Local bank. a local bank, he shall forthwith pay all moneys received by him (s. 74, in to the credit of the estate. All payments out shall be made subs. (4).) by cheque payable to order, and every cheque shall have marked or written on the face of it the name of the estate, and shall Rate of pay ment. be signed by the trustee, and countersigned by such person as the creditors or the committee of inspection may appoint. 252. All payments out of the Bankruptcy Estates Account shall be made by cheques to order, signed by such officers of the Board of Trade as the board may from time to time appoint. SECURITY BY TRUSTEE OR SPECIAL MANAGER, 253. In the case of a trustee or special manager the following rules as to security shall be observed, namely :— (1.) The security shall be given to such officers or persons and in such manner as the Board of Trade may from time to time direct. (2.) It shall not be necessary that security shall be given in each separate matter; but security may be given either specially in a particular matter, or generally to be available for any matter in which the person giving security may be appointed, either as trustee or special manager. (3.) The Board of Trade shall fix the amount and nature of such security, and may from time to time, as they think fit, either increase or diminish the amount of standing security which any such person is required to give. REMUNERATION OF SPECIAL MANAGER, &C. 254.-(1.) Where a special manager is appointed and his remuneration is not fixed by the creditors, he shall be paid (Ss. 12, 73.) according to such scale as may from time to time be fixed by the Board of Trade. Mode of pay ment into Bank of UNCLAIMED FUNDS, &C., UNDER SECT, 162. 255. Any person whose duty it is, pursuant to sect. 162 of the Act, to pay into the Bankruptcy Estates Account any unclaimed funds or dividends, shall first apply in such manner as the Board of Trade may direct to the Board of Trade for a (72. 18 paying-in order. The paying-in order shall be an authority to the Bank of England to receive the payment. England. 162.) [1871, rr. -27.] Application for payment out by party entitled. 256. An application, under sect. 162 of the Act, for payment out of the Bankruptcy Estates Account of any sum to which any person claims to be entitled, shall be made in such form and manner as the Board of Trade may from time to time direct, and shall (unless the Board of Trade dispenses there[1871, rr. 17, with) be supported by the affidavit of the claimant, and such further evidence as the board may require. (S. 162.) 23.] PART V.-MISCELLANEOUS. MISCELLANEOUS MATTERS. Rr. 257264. 257. The Board of Trade may from time to time issue Board of Trade general orders or regulations, for the purpose of regulating any orders, &c. matters under the Act or these rules, which are of an adminis- (Ss. 91, 102, trative, and not of a judicial character. Judicial notice shall 162, subs. (5), be taken of any general orders or regulations which are printed May, 1883.) by the Queen's printers, and purport to be issued under the authority of the Board of Trade. O. XXIII., 258. Any person who knowingly falsifies or fraudulently Falsification of alters any document in or incidental to any proceeding under documents. the Act or these rules shall be deemed to be guilty of contempt (Debtors Act, of Court, and shall be liable to be punished accordingly. 1869, s. 11, subss. (9), (10), The penalty imposed by this rule shall be in addition to and and (11).) not in substitution for, any other penalty, punishment, or proceeding to which such person may be liable. 259. No person shall, as against the official receiver or No lien on trustee, be entitled to withhold possession of the books of debtor's books. accounts belonging to the debtor or to set up any lien (Ss. 25, 50.) thereon. [1870, r. 110.] 260. Non-compliance with any of these rules, or with any Non-compli rule of practice for the time being in force, shall not render ance with any proceeding void, unless the Court shall so direct, but such Rules. proceedings may be set aside, either wholly or in part, as (Ss. 105, 143, irregular, or amended or otherwise dealt with in such manner o. XXVIII., and upon such terms as the Court may think fit. R. S. C. O. XXXVI.) 261. The Court may, under special circumstances and for Abridgment or good cause shown, extend or abridge the time appointed by enlargement of these rules or fixed by any order of the Court for doing any act time. or taking any proceeding. (S. 105, 262. The Bankruptcy Rules of 1870, 1871, 1873, and 1878 R. S. C. O. LXIV.) are hereby annulled, except so far as regards any proceedings under the Bankruptcy Act, 1869 which may be pending in any Repeal. Court at the date of the commencement of these rules. (Ss. 159, 160, &c. 263. When no other provision is made by the Act or these 161, 169, 170.) rules the present law, procedure, and practice in bankruptcy Saving for matters shall in so far as applicable remain in force. And existing laws, save as provided by these rules, or rules amending them, the (Ss. 94, 98, rules of the Supreme Court shall not apply to any proceeding 127, R. S. C. in bankruptcy. 1883.) 264. In any proceeding commenced under the Bankruptcy Pending proAct 1869, or any previous Bankruptcy Act, a registrar shall, ceedings. unless and until the Judge otherwise orders, continue to have (Ss. 99, 155, and exercise all powers and jurisdiction (not otherwise provided 160, 161, 170.) for by the Act or these rules) which he had by delegation or otherwise at the commencement of these rules. Rr. 265270. Jurisdiction of High Court registrars. (S. 103.) Fee on receiving order. (S. 103.) (S. 103, subs. (5). Administration order in lieu of receiving order. RULES UNDER SECTION 5 OF THE DEBTORS ACT, 1869, AND 265. Unless and until the Lord Chancellor otherwise orders the jurisdiction and powers of the High Court under section 5 of the Debtors Act, 1869, shall be exercised by the bankruptcy registrars of the High Court. 266.-(1.) When a receiving order is made under Sect. 103 of the Act, the creditor shall pay the like fee and deposit as are prescribed in the case of a bankruptcy petition. (2.) Where the Court is of opinion that a receiving order ought to be made in lieu of committal, and the judgment creditor does not consent to pay the required fee and deposit, the Court may dismiss the application or adjourn it on such terms, as to costs and otherwise, as may be just. 267. Where an application to commit is made to a County Court, and it appears to the Court that the total liabilities of the judgment debtor do not exceed fifty pounds, the Court may, if it thinks that an order for committal ought not to be made, make an administration order under sect. 122 of the Act in (Ss. 103, 122.) lieu of making a receiving order. Power to transfer in certain cases. (Ss. 97, 122, subs. (3).) High Court judgments. (S. 103.) Procedure. (County Court Rules, 1875, O. XIX.) 268.-(1.) Where an application to commit is made to the Judge of a Court not having bankruptcy jurisdiction, and he is of opinion that a receiving order should be made in lieu of committal, he may order the matter to be transferred to the nearest or most convenient Court having bankruptcy jurisdiction. (2.) In such case the registrar of the Court making the transfer shall transmit by post to the registrar of the Court to which the matter is transferred the proceedings in the matter, together with a copy of the order of transfer. 269. No inferior Court within the London Bankruptcy District shall exercise jurisdiction under Section 5 of the Debtors Act, 1869, in respect of any judgment of the High Court. 270. The County Court Rules for the time being in force as to the committal of judgment debtors shall, with any necessary modifications, apply to all Courts exercising jurisdic tion under Section 5 of the Debtors Act, 1869, provided that any reference therein to the Bankruptcy Act, 1869, shall be deemed to extend also to the corresponding provisions of the Bankruptcy Act, 1883. |