Forms.

at a subsequent meeting duly convened and held on the
day of
18, pursuant to the said Act, the said proposal
set forth in the last recital was duly confirmed by a resolution
passed by a majority in number representing three-fourths in
value of all the creditors who had then proved their respective
debts, and reckoning in such number all creditors who were entitled
to assent to or dissent from such resolution whether personally
present or otherwise, and had so assented or dissented as required
by the said Act, subject nevertheless to the approval of the
Court, to be expressed by the seal of the Court being attached to
this instrument upon such approval being given hereto, and subject
likewise to the report to be made by the official receiver to the
Court pursuant to the said Act (or by an order of Court, see
sub-s. 7). AND WHEREAS the said E. F. has approved of the said
C. D. as the surety for the payment of the said composition and
has directed that the deed embodying the terms of the said com-
position shall contain such covenants and provisions as hereinafter
appear. AND WHEREAS the said official receiver having duly made
his report, the Court has approved of the terms of this deed which
is testified by the seal of the Court being attached to these
presents (or as appears by an order of Court, dated, &c.). Now
THIS INDENTURE WITNESSETH that for carrying into effect the said
resolution and in consideration of the premises, the debtor and the
said C. D. do for themselves, their heirs, executors, and adminis-
trators, and as separate covenants each of them doth for himself,
his heirs, executors and administrators, hereby covenant with the
said E. F., his executors and administrators, that they the cove-
nanting parties, or one of them, their or one of their heirs, execu-
tors or administrators, will within one calendar month from the
date of these presents pay to the said E. F., his executors or
administrators, the said composition of shillings and

pence in the pound upon the respective debts due to the creditors
from the debtor, AND IT IS HEREBY AGREED and declared that
upon payment to the said E. F., his executors or administrators, of
the moneys so covenanted to be paid as aforesaid, he the said E. F.,
his executors or administrators, shall stand possessed of the same
IN TRUST for the said creditors, their executors, administrators or
successors, in proportion to the amount of their respective debts,
and shall on demand pay and divide the same amongst them
accordingly, PROVIDED ALWAYS AND IT IS HERBBY AGREED AND
DECLARED that although as between the said A. B. and the said
C. D. respectively, the said C. D. is only a surety for the said A. B.,
yet as between the said C. D. on the one hand, and the said E. F.
and the said creditors on the other hand, he the said C. D. is to be
considered as a principal debtor for the moneys intended to be
secured by these presents, so that the said C. D., his heirs, execu-
tors or administrators, shall not be released or exonerated by tine
being given to the said A. B., his heirs, executors or administrators,
or by any other dealing between the said E. F. and the said credi-
tors, or any of them, their or any of their executors, administrators
or assigns on the one hand, and the said A. B., his heirs, executors
or administrators on the other hand, or by any act or omission of
the said E. F. and the said creditors, or any of them, their or any
of their executors, administrators or assigns, or by any matter or
thing whatsoever whereby the said C. D., his heirs, executors or
administrators as a surety or sureties only for the said A. B., his

heirs, or executors, administrators, would be so released or exonerated, AND THIS INDENTURE ALSO WITNESSETH that for further effectuating the said resolution and for the consideration aforesaid, IT IS HEREBY AGREED AND DECLARED between and by the debtor on the one hand and the said E. F. on behalf of and so as to bind the said creditors on the other hand that the said composition shall (subject and without prejudice to the provisions hereinafter contained and expressly subject to all the statutory rights of the creditors pursuant to the said Act (see Sect. 18, sub-s. 10, 11, 14, 15 and Sect. 19), be accepted by the creditors in full discharge of their respective debts, and that upon payment to the said E. F., his executors or administrators (b), these presents shall operate as fully and effectually as an order of discharge under the Bankruptcy Act, 1883, and may be pleaded in bar to any claim in respect of any such debts, PROVIDED ALWAYS AND IT IS HEREBY AGREED AND DECLARED that these presents shall not in anywise prejudice or affect the rights or remedies of any creditor against any surety or sureties (c), or any person or persons other than the debtor, his heirs, executors or administrators, or any security which any creditor may have or claim for his debt or debts, but nevertheless if such security shall be enforceable against the debtor or his estate or effects then and in that case such creditor (unless he shall consent to abandon his said security) shall be entitled to receive the composition upon so much only of his said secured debt or debts as may remain after such security shall have been realised or after credit shall have been given for the full value thereof (d). PROVIDED ALWAYS that the said debtor shall pay to the said E. F. upon the execution hereof a sum sufficient to pay all such preferential claims and demands as appear or are found to be due and owing by the debtor in priority to all other claims and demands whatsoever under this deed (see Sect. 18, sub-s. (14), and ss. 30, 41).

IN WITNESS, &c.

(b) The approval of the Court and the Receiver's Certificate will be conclusive and tantamount to a discharge.

(c) This proviso is probably unnecessary.

See "Davidson's Precedents,"

3rd ed., vol. v. p. 539, and see s. 18, sub-s. 15, s. 30. (d) See Ex parte Hodgkinson, 1 Ch. D. 702.

Forms.

APPENDIX (D).

Habendum to inspectors. Further

testatum.

Covenants.

FORM OF DEED OF ARRANGEMENT.

Recitals, &c., for Scheme of Arrangement under Sect. 23.

day of

THIS INDENTURE made the 18 BETWEEN A. B., of, &c. (trustee in bankruptcy), of the first part, E. F. of, &c. (bankrupt), of the second part, and the said A. B. and C. D. and I. K., of, &c. (inspectors or members of committee), of the third part. WHERE18 the said E. F. was adjudicated

AS on the

day of

a bankrupt by (describe Court in which bankruptcy took place), AND WHEREAS the said A. B. was duly chosen and appointed the trustee of the property of the said bankrupt, AND WHEREAS at a meeting of creditors held under the said bankruptcy on the

day of 18 , pursuant to notice in the Gazette (see as to convening meeting, General Rules), a majority in number and three-fourths in value of the creditors present personally or by proxy at the said meeting of creditors, and voting on the resolution, resolved to entertain a proposal for a scheme of arrangement of the bankrupt's affairs, AND the said scheme of arrangement then and there proposed on behalf of the debtor and entertained by the said creditors was as follows: (1) That the estate should be liquidated under a scheme of arrangement which was calculated to benefit the general body of the creditors as a settlement of the affairs of the said bankrupt; (2) That for the purpose of effectuating such settlement the estate of the bankrupt should be wound up under inspection; (3) That the first inspectors should be the said A. B., C. D. and I. K.; (4) That the terms of the said scheme of settlement should be embodied in a deed to be prepared and settled by such counsel as a majority of the inspectors (or committee) should approve; (5) That the said scheme of settlement should be accepted by the trustee of the property of the bankrupt, but subject to the statutory approval of the Court to be obtained and evidenced by the seal of the Court being affixed to these presents; and (6) That the order of adjudication should be annulled and the property of the bankrupt thereupon become vested as the Court should order and subject thereto as is hereby provided and directed. AND WHEREAS at a subsequent meeting of the creditors duly convened and held on the day of, 18, by a resolution passed by a majority in number and representing three-fourths in value of all the creditors who had proved, inclusive of all such as were entitled to assent to or dissent from the said resolution by letter or otherwise and who exercised such their right, the said resolutions were duly confirmed. AND WHEREAS the official receiver having reported and the Court approving of such scheme of settlement has testified such approval by the seal of the Court being attached to these presents, NOW THIS INDENTURE WITNESSETH (assign the bankrupt's real and personal estate to inspectors or committee),

Testatum and (1) covenants by bankrupt, and to make out account of his estate when required by inspector. (2) To manage business and see general covenants (“Davidson's Precedents," 3rd ed., vol. 5,,

APPENDIX (E).

DEBTORS ACT, 1869.

32 & 33 VICT. C. 62.

An Act for the Abolition of Imprisonment for Debt, for the punishment of fraudulent debtors, and for other purposes. [9th August, 1869.]

BE it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

Preliminary.

88 1-4.

1. This Act may be cited for all purposes as "The Debtors Short title. Act, 1869."

Extent of Act.

Commencement and con

2. This Act shall not extend to Scotland or Ireland. 3. This Act shall not come into operation until the day on which The Bankruptcy Act, 1869, comes into operation, which day is hereinafter referred to as the commencement of this Act, struction of and words and expressions defined or explained in The Bank- Act. ruptcy Act, 1869, shall have the same meaning in this Act.

PART I.

Abolition of Imprisonment for Debt.

4. With the exceptions hereinafter mentioned, no person Abolition of shall, after the commencement of this Act, be arrested or im- imprisonment prisoned for making default in payment of a sum of money. for debt, with There shall be excepted from the operation of the above exceptions.

enactment:

tract:

1. Default in payment of a penalty, or sum in the nature of See Banka penalty, other than a penalty in respect of any con- ruptcy Act, 1883, ss. 4 (9), 103, 122, 2. Default in payment of any sum recoverable summarily Appendix (B.). before a justice or justices of the peace :

§§ 4, 5. See Debtors Act, 1878, P. 757.

Saving of power of committal for

small debts. Bankruptcy Act, 1883, s. 103.

Repealed.

Ibid., ss. 103, 169, and Sched. (5).

Ibid., s. 122,

3. Default by a trustee or person acting in a fiduciary capacity and ordered to pay by a court of equity any sum in his possession or under his control:

4. Default by an attorney or solicitor in payment of costs when ordered to pay costs for misconduct as such, or in payment of a sum of money when ordered to pay the same in his character of an officer of the Court making the order:

5. Default in payment for the benefit of creditors of any portion of a salary or other income in respect of the payment of which any Court having jurisdiction in bankruptcy is authorised to make an order:

6. Default in payment of sums in respect of the payment of which orders are in this Act authorised to be made : Provided, first, that no person shall be imprisoned in any case excepted from the operation of this section for a longer period than one year; and, secondly, that nothing in this section shall alter the effect of any judgment or order of any Court for payment of money except as regards the arrest and imprisonment of the person making default in paying such money.

5. Subject to the provisions hereinafter mentioned, and to the prescribed rules, any Court may commit to prison for a term not exceeding six weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment of any debt due from him in pursuance of any order or judgment of that or any other competent Court.

Provided (1.) That the jurisdiction by this section given of committing a person to prison shall, in the case of any Court other than the superior Courts of law and equity, be exercised only subject to the following restrictions; that is to

say,

(a.) Be exercised only by a Judge or his deputy, and by an order made in open Court and showing on its face the ground on which it is issued:

(b.) Be exercised only as respects a judgment of a superior Court of law or equity when such judgment does not exceed fifty pounds, exclusive of costs:

(c.) Be exercised only as respects a judgment of a County Court by a County Court Judge or his deputy.

(2.) That such jurisdiction shall only be exercised where it and Gen. Rules, is proved to the satisfaction of the Court that the person Appendix (B). making default either has or has had since the date of the

crder or judgment the means to pay the sum in respect of which he has made default, and has refused or neglected, or refuses or neglects, to pay the same.

Proof of the means of the person making default may be given in such manner as the Court thinks just; and for the purposes of such proof the debtor and any witnesses may be