deeds, and instruments, and generally do all such acts and things in relation to his property and the distribution of the proceeds amongst his creditors, as may be reasonably required by the official receiver, special manager, or trustee, or may be prescribed by general rules, or be directed by the Court by any special order or orders made in reference to any particular case, or made on the occasion of any special application by the official receiver, special manager, trustee, or any creditor or person interested. (3.) He shall, if adjudged bankrupt, aid, to the utmost of his power, in the realization of his property and the distribution of the proceeds among his creditors. (4.) If a debtor wilfully fails to perform the duties imposed on him by this section, or to deliver up possession of any part of his property, which is divisible amongst his creditors under this Act, and which is for the time being in his possession or under his control, to the official receiver or to the trustee, or to any person authorized by the Court to take possession of it, he shall, in addition to any other punishment to which he may be subject, be guilty of a contempt of court, and may be punished accordingly. 25. Arrest of Debtor under certain Circumstances.† (1.) The Court may, by warrant addressed to any constable or prescribed officer of the Court, cause a * See the Debtors Act, 1869, in the Appendix. The first sub-section of this clause re-enacts section 86 of the Bankruptcy Act of 1869, with some modifications, of which the most important is the substitution of " receiving order" for "adjudication. in bankruptcy" in paragraph c. of sub-section 1. Sub-section 2 is new. Sub-section 3 re-enacts clause 3 of the Absconding Debtors' Act, 1870. debtor to be arrested, and any books, papers, money, and goods in his possession to be seized, and him and them to be safely kept as prescribed until such time. as the Court may order* under the following circum stances: (a.) If after a bankruptcy notice has been issued * As to the mode in which the orders and warrants of the Court may be enforced in Scotland, Ireland, the Isle of Man, the Channel Islands, in which the High Court and the County Courts are to be auxiliary to each other, and generally as to the mode in which suc orders or warrants may be enforced, see post, clauses 117 to 120. H. (c.) If, after service of a bankruptcy petition on him, or after a receiving order is made against him, he removes* any goods in his possession above the value of five pounds, without the leave of the official receiver or trustee. (d.) If, without good cause shown, he fails to attend any examination ordered by the Court. Provided that no arrest upon a bankruptcy notice shall be valid and protected unless the debtor before or at the time of his arrest shall be served with such bankruptcy notice. (2.) No payment or composition made or security given after arrest made under this section shall be exempt from the provisions of this Act relating to fraudulent preferences.† 26. Re-direction of Debtor's Letters.-Where a receiving order is made against a debtor, the Court, on the application of the official receiver or trustee, may from time to time order that for such time, not exceeding three months, as the Court thinks fit, post letters addressed to the debtor at any place, or places, mentioned in the order for re-direction, shall be re-directed, sent or delivered by the Postmaster-General, or the officers acting under him, to the official receiver, or the trustee, * The removal need not be with any fraudulent intent. In addition to the penalty imposed by this sub-section, the removal of goods without leave of the trustee and the failure to attend an examination (see next paragraph) would be a contempt of court under sub-section 4 of clause 24, and punishable as such. By section 11 of the Debtors' Act, 1869, the fraudulent removal of property of the value of £10 and upwards is a misdemeanour. See post, sections 48 and 49. or otherwise as the Court directs, and the same shall be done accordingly.* 27. Discovery of Debtor's Property.†-(1.) The Court may, on the application of the official receiver or trustee, at any time after a receiving order has been made against a debtor, summon before it the debtor or his wife, or any person known or suspected to have in his possession any of the estate or effects belonging to the debtor, or supposed to be indebted to the debtor, or any person whom the Court may deem capable of giving information respecting the debtor, his dealings or property, and the Court may require any such person to produce any documents in his custody or power relating to the debtor, his dealings or property. (2.) If any person so summoned, after having been tendered a reasonable sum, refuses to come before the Court at the time appointed, or refuses to produce any such document,‡ having no lawful impediment made * This clause re-enacts section 85 of the Act of 1869, with the substitution of "receiving order" for "adjudication in bankruptcy," and also with a further important variation. Under the earlier clause the court had power to order the redirection of letters for a period of three months, dating from the adjudication in bankruptcy. Under the present clause, whenever a receiving order has been made, the court may, "from to time" make an order. extending over three months. As the court may repeat such an order as often as it thinks fit, there is practically no limit to the exercise of its powers under this clause. The first four sub-sections of this clause re-enact clauses 96, 97, and 98 of the Bankruptcy Act, 1869. Sub-section 5 is new. Subsection 6 is based on clause 75 of the Act of 1869; see in connection with it post, clause 118. The powers given to the Court by this clause may be exercised by the registrars both of the High Court and the County Court, clause 99 (h). Even a solicitor possessing a lien on his clients documents for services rendered prior to bankruptcy cannot decline to produce them known to the Court at the time of its sitting and allowed by it, the Court may, by warrant, cause him to be apprehended and brought up for examination. (3.) The Court may examine on oath, either by word of mouth or by written interrogatories, any person so brought before it concerning the debtor, his dealings or property. (4.) If any person on examination before the Court admits that he is indebted to the debtor, the Court may, on the application of the official receiver or trustee, order him to pay to the receiver or trustee, at such time and in such manner as to the Court seems expedient, the amount admitted, or any part thereof, either in full discharge of the whole amount in question or not, as the Court thinks fit, with or without costs of the examination. (5.) If any person on examination before the Court admits that he has in his possession any property belonging to the debtor, the Court may, on the application of the official receiver or trustee, order him to deliver to the official receiver or trustee such property or any part thereof, at such time, and in such manner, and on such terms as to the Court may seem just. (6.) The Court may, if it think fit, order that any person who if in England would be liable to be brought before it under this section shall be examined in Scotland or Ireland, or in any other place out of England. Discharge of Bankrupt. 28. Discharge of Bankrupt.*-(1.) A bankrupt may, for examination by the trustee.-Exparte Bramble v. Toleman, L. R. 13 Ch. D. 885. *This clause, which is in substitution for clause 48 of the Act of 1869, is one of the most important clauses in the present act. It |