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2nd Sched.

agreed for, and which is overdue at the date of the receiving order and provable in bankruptcy, the creditor may prove for interest at a rate not exceeding four per centum per annum to the date of the order from the time when the debt or sum was payable, if the debt or sum is payable by virtue of a written instrument at a certain time, and if payable otherwise, then from the time when a demand in writing has been made giving the debtor notice that interest will be claimed from the date of the demand until the time of payment.

There can be no proof for interest accruing due after a receiving order unless there is a surplus, and it makes no difference that the interest is included in a lump sum, which the bankrupt has covenanted to pay. The Court of Bankruptcy regards the substance of the transaction. (Ex p. Bath, re Phillips, 22 Ch. D. 450, decided on G. R. 77 of the Rules of 1870, the first part of which was substantially the same as the above provision.) Where a debt bearing a higher rate of interest than 4 per cent. by contract is merged in a judgment, the right to prove for the interest above 4 per cent. is gone. (Re European Central Rail. Co., 4 Ch. D. 33.)

Debt payable at a Future Time. 21. A creditor may prove for a debt not payable when the debtor committed an act of bankruptcy as if it were payable presently, and may receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of five pounds per centum per annum computed from the declaration of a dividend to the time when the debt would have become payable, according to the terms on which it was contracted.

Admission or Rejection of Proofs. 22. The trustee shall examine every proof and the grounds of the debt, and in writing admit or reject it, in whole or in part, or require further evidence in support of it. If he rejects a proof he shall state in writing to the creditor the grounds of the rejection.

2nd Sched.

By Rule 173, subject to the power of the Court to extend the time, the trustee, within fourteen days after receiving a proof, shall in writing either admit or reject it in whole or in part, or require further evidence in support of it. It was held, under the Act of 1869, that if the trustee neglected to give notice of the rejection of a proof, he would be taken to have admitted it. (Ex p. Kemp, re Russell, 42 L. J. Bank. 26.)

See also Rule 175 as to admission of proofs where dividend about to be declared.

23. If the trustee thinks that a proof has been improperly admitted, the Court may, on the application of the trustee, after notice to the creditor who made the proof, expunge the proof or reduce its amount.

It was held that under Rule 73 of the Rules of 1870, as under the previous practice, the trustee was entitled at any time afterwards to apply to expunge a proof which he had originally wrongly admitted, and that mere lapse of time was no objection, though the creditor was entitled to retain any dividend already received. (Ex p. Harper, re Tait, 21 Ch. D. 537.)

24. If a creditor is dissatified with the decision of the trustee in respect of a proof, the Court may, on the application of the creditor, reverse or vary the decision.

By Rule 174, subject to the power of the Court to extend the time, no application to reverse or vary the decision of an official receiver or trustee in rejecting a proof shall be entertained after the expiration of twenty-one days from the date of the decision complained of.

25. The Court may also expunge or reduce a proof upon the application of a creditor if the trustee declines to interfere in the matter, or in the case of a composition or scheme, upon the application of the debtor.

A creditor may now apply to expunge if the trustee declines to interfere. This express enactment seems to continue the law the same as it was under the Act of 1869. (See Ex p. Merriman, re Stenson, 25 Ch. D. 144.) The provision as to the debtor applying to expunge in the case of a composition or scheme seems to embody the decision in Ex p. Bacon, re Bond, 17 Ch. D. 47. In that case it was held that

2nd Sched.

the fact that the proof had been on the file of proceedings for more than a year did not estop the bankrupt from making the application, the file in bankruptcy not being of the nature of a record.

Appeals from an official receiver to the Court must be brought within twenty-one days, section 139.

Appeals against the rejection of a proof, or applications to expunge or reduce a proof, where the amount of the proof exceeds 2001., must be heard in Court, Rule 5 (g).

Appeals from rejection of a proof to be brought within twenty-one days, Rule 174, except where proofs admitted after notice of dividend, where the time is seven days, see Rule 175.

26. For the purpose of any of his duties in relation to proofs, the trustee may administer oaths and take affidavits.

27. The official receiver, before the appointment of a trustee, shall have all the powers of a trustee with respect to the examination, admission, and rejection of proofs, and any act or decision of his in relation thereto shall be subject to the like appeal.

List of proofs, Rule 171.

Transmission of proofs by official receiver to trustee, Rule 172.

Sect. 96.

The THIRD SCHEDULE.

LIST OF METROPOLITAN COUNTY COURTS.

The Bloomsbury County Court of Middlesex.
The Bow County Court of Middlesex.
The Brompton County Court of Middlesex.
The Clerkenwell County Court of Middlesex.
The Lambeth County Court of Surrey.
The Marylebone County Court of Middlesex.
The Shoreditch County Court of Middlesex.
The Southwark County Court of Surrey.
The Westminster County Court of Middlesex.
The Whitechapel County Court of Middlesex.

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7 & 8 Vict. c. 70 An Act for facilitating arrangements be

tween debtors and creditors. 12 & 13 Vict. c. 106 - The Bankruptcy Law Consolidation Act,

1849. 24 & 25 Vict. c. 134 - The Bankruptcy Act, 1861. 32 & 33 Vict. c. 71 The Bankruptcy Act, 1869.

Sect. 169.

The FIFTH SCHEDULE.
ENACTMENTS REPEALED AS TO ENGLAND.

13 Edw. 1, c. 18, The statutes of Westminster the Second,
in part.

chapter eighteen, Execution either by levy-
ing of the lands and goods, or by delivery
of goods and half the land; at the choice of

the creditor;
in part; namely,
the words " ail the chattels of the debtor

saving only his oxen and beasts of the

plough, and”
32 & 33 Vict. c. 62, The Debtors Act, 1869.
in part.

in part; namely,
Sub-section (b) of section five, and

Sections twenty-one and twenty-two.
32 & 33 Vict. c. 71. The Bankruptcy Act, 1869.
32 & 33 Vict. c. 83, The Bankruptcy Repeal and Insolvent Court
in part.

Act, 1869.
in part; namely,

Section nineteen.
33 & 34 Vict. c. 76. The Absconding Debtors Act, 1870.
34 & 35 Vict. c. 50. The Bankruptcy Disqualification Act, 1871.

Except sections six, seven, and eight. 38 & 39 Vict. c. 77, The Supreme Court of Judicature Act, 1875. in part. in part; namely,

Sections nine and thirty-two.

378

GENERAL RULES

MADE PURSUANT TO

SECTION 127 OF THE BANKRUPTCY ACT, 1883.

ARRANGEMENT OF RULES.
Preliminary

1-4

Receiving Order ..... 150-154
Court and Chambers
5-7 Adjudication

155-158
Proceedings

8-15 Composition or Scheme 159-167
Transfer of Proceedings. 16-18 Statement of Affairs

168
Motions and Practice

19-29
Proof of Debts......

169-174
Security in Court

30-38
Dividends ......

175-177
Affidavits
39-50 Discharge

178-182
Stamps

51, 52

Proxies and Voting Letters 163
Witnesses and Depositions 53-63 Meetings of Creditors.. 184-190
Discovery

64 Proceedings by Company. 191
Taking Accounts of Pro-

Proceedings by or against
perty Mortgaged
65-69 Firm

192-197
Discovery of Debtor's Pro-

Small Bankruptcies

198, 199
perty

70 Administration of Estate of
Appropriation of Pay,

Person dying Insolvent 200-202
Salary, &c.
71-74 Gazetting

203
Warrants, Arrests, and

Books, &c. to be kept by
Commitments
75--78 Registrars

204-206
Service and Execution of

Accounts and Audit 207-217
Process
79-83 Trustees

218-231
Trial by Jury
84-87 Disclaimer of Leases

232
Sittings of County Court. 88, 89

Official Receivers

233-250
Rules relating to Business

Payments into and out of
of High Court ...
90-97 Bank

251, 252
Costs.

98-110 Security by Trustee or
Appeals.
111-116 Special Manager

253
Declaration of Inability

Remuneration of Special
to pay Debts
117 Manager

254
Bankruptcy Notice , 118-124 Unclaimed Funds, &c.
Bankruptcy Petition 125-128 under section 162

255, 256
Creditor's Petition 129-143 Miscellaneous Matters 257-264
Service of Creditor's Peti.

Rules under section 5 of
tion

144-148 Debtors Act.... 265-270
Hearing of Petition

149

Short title
and com-
mencement.

It is ordered as follows:-

PRELIMINARY.
1. These Rules may be cited as “The Bankruptcy Rules,
1883," and shall come into operation from and immediately
after the 31st day of December, 1883.

General Rules shall be judicially noticed, and shall have effect as if

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