dividend, such trustee shall have in his hands or under his control any unclaimed or undistributed moneys arising from the property of the debtor, he shall forthwith pay the same to the Bankruptcy Estates Account at the Bank of England. The Board of Trade shall furnish him with a certificate of receipt of the money so paid, which shall be an effectual discharge to him in respect thereof. (2.) (a.) Where, after the passing of this Act, any unclaimed or undistributed funds or dividends in the hands or under the control of any trustee or other person empowered to collect, receive, or distribute any funds or dividends under any Act of Parliament mentioned in the Fourth Schedule, or any petition, resolution, deed, or other proceeding under or in pursuance of any such Act, have remained or remain unclaimed or undistributed for six months after the same became claimable or distributable, or in any other case for two years after the receipt thereof by such trustee or other person, it shall be the duty of such trustee or other person forthwith to pay the same to the Bankruptcy Estates Account at the Bank of England. The Board of Trade shall furnish such trustee or other person with a certificate of receipt of the money so paid, which shall be an effectual discharge to him in respect thereof. (b.) The Board of Trade may at any time order any such trustee or other person to submit to them an account verified by affidavit of the sums received and paid by him under or in pursuance of any such petition, resolution, deed, or other proceeding as aforesaid, and may direct and enforce an audit of the account. (c.) The Board of Trade, with the concurrence of the Treasury, may from time to time appoint a person to collect and get in all such unclaimed or undistributed funds or dividends, and for the purposes of this section any court having jurisdiction in bankruptcy shall have and at the instance of the person so appointed, or of the Board of Trade, may exercise all the powers conferred by this Act with respect to the discovery and realisation of the property of a debtor, and the provisions of Part I. of this Act with respect thereto shall, with any necessary modifications, apply to proceedings under this section. (3.) The provisions of this section shall not, except as expressly declared herein, deprive any person of any larger or other right or remedy to which he may be entitled against such trustee or other person. (4.) Any person claiming to be entitled to any moneys paid in to the Bankruptcy Estates Account pursuant to this section may apply to the Board of Trade for payment to him of the same, and the Board of Trade, if satisfied that the person claiming is entitled, shall make an order for the payment to such person of the sum due. Any person dissatisfied with the decision of the Board of Trade in respect of his claim may appeal to the High Court. (5.) The Board of Trade may at any time after the passing of this Act open the account at the Bank of England referred to in this Act as the Bankruptcy Estates Account. Punishment of Fraudulent Debtors. 163. Extension of Penal Provisions of 32 & 33 Vict. c. 62, to Petitioning Debtors, &c.-(1.) Sections eleven and twelve of the Debtors Act, 1869,† relating * See especially clauses 24, 25, and 27. As to the provisions of the Debtors' Act 1869, referred to in this and the following clause, see the act itself in the appendix, to the punishment of fraudulent debtors and imposing a penalty for absconding with property, shall have effect as if there were substituted therein for the words "if "after the presentation of a bankruptcy petition against him," the words, "if after the presentation "of a bankruptcy petition by or against him." (2.) The provisions of the Debtors Act, 1869, as to offences by bankrupts shall apply to any person whether a trader or not in respect of whose estate a receiving order has been made as if the term "bankrupt in that Act included a person in respect of whose estate a receiving order had been made. 164. Power for Court to order Prosecution on Report of Official Receiver.-Section 16 of the Debtors Act, 1869, shall be construed and have effect as if the term a trustee in any bankruptcy " included the official receiver of a bankrupt's estate, and shall apply to offences under this Act as well as to offences under the Debtors Act, 1869. 165. Power for Court to Commit for Trial.*—(1.) * This and the two following clauses are new. They introduce valuable amendments into the law; for they tend to facilitate the prosecution of fraudulent bankrupts. The first will, in most cases, do away with the necessity of a long preliminary examination before a magistrate, who is far less competent than a bankruptcy judge to decide whether there is a sufficient case to justify the committal of a bankrupt. And what is of at least equal importance, the second will relieve the unfortunate creditors from the cost of a prosecution; by rendering it the duty of the Public Prosecutor to institute and carry on this proceeding whenever it is ordered by the Bankruptcy Court. This latter provision is, we need hardly say, in strict harmony with the general principle which underlies the whole measure-that bankruptcy is, in relation to commercial morality, a matter not merely of private but of public concern. Where there is, in the opinion of the Court, ground to believe that the bankrupt or any other person has been guilty of any offence which is by statute made a misdemeanor in cases of bankruptcy, the Court may commit the bankrupt or such other person for trial. (2.) For the purpose of committing the bankrupt or such other person for trial the Court shall have all the powers of a stipendiary magistrate as to taking depositions, binding over witnesses to appear, admitting the accused to bail, or otherwise. Nothing in this sub-section shall be construed as derogating from the powers or jurisdiction of the High Court. 166. Public Prosecutor to act in certain Cases.Where the Court orders the prosecution of any person for any offence under the Debtors Act, 1869, or Acts amending it, or for any offence arising out of or connected with any bankruptcy proceedings, it shall be the duty of the Director of Public Prosecutions to institute and carry on the prosecution. 167. Criminal Liability after Discharge or Composition. Where a debtor has been guilty of any criminal offence he shall not be exempt from being proceeded against therefor by reason that he has obtained his discharge or that a composition or scheme of arrangement has been accepted or approved. * See ante, clause 31 and clause 11 of the Debtors' Act, 1869 (Appendix). It will be observed that a Bankruptcy Court has no power to convict in the case of felony set forth in clause 12 of the Debtors' Act. In that case it must direct the accused to be prose cuted in the ordinary way before a magistrate. For the misdemeanour committed by "any other person," which comes within the provision of this clause, see clause 14 of the Debtors' Act. Interpretation. 168. Interpretation of Terms.-(1.) In this Act, unless the context otherwise requires― "The Court" means the Court having jurisdic- "Affidavit " includes statutory declarations, affir- "Debt provable in bankruptcy" or "provable "Gazetted" means published in the London "General rules" include forms: "High Court" means Her Majesty's High Court "Local bank" means any bank in or in the neighbourhood of the bankruptcy district in which the proceedings are taken : "Oath" includes affirmation, statutory declaration, and attestation on honour: Ordinary resolution " means a resolution decided by a majority in value of the creditors present, personally or by proxy, at a meeting of creditors and voting on the resolution: "Person" includes a body of persons corporate or unincorporate: "Prescribed" means prescribed by general rules within the meaning of this Act: |