R. 240246. Use of proxies by deputy. Personal performance of duties. Assistant official receivers. Registrar to act in sudden emergency. Removal of special manager. Mode of application to Court. Application for directions. 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 Board of Trade, he may represent the official receiver in all 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 authorized 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. Cf. section 12. 245. Applications by the official receiver to the Court may 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 direct. 246. In any case of doubt or difficulty, or in any matter not provided for by the Act or these Rules relating to any proceeding in Court, the official receiver may apply to the Court for directions. 247. Where a debtor is adjudged bankrupt, and a trustee R. 247is appointed, the official receiver shall forthwith put the 251. trustee into possession of all property of the bankrupt which Transfer of the official receiver may be possessed of; and it shall be the property from official reduty of the official receiver to communicate to the trustee all ceiver to such information respecting the bankrupt and his estate and trustee. 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 made, has no available assets the official receiver shall not 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 the Court the official receiver shall account to the debtor, or, by official receiver. 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. (3.) If the debtor, or as the case may be, the trustee, is 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 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. Board of Trade where 250. Where there is no committee of inspection any functions To act for of the committee of inspection which devolve on the Board of Trade may, subject to the directions of the Board, be exercised by the official receiver. Cf. sections 22, 9. PAYMENTS INTO AND OUT OF BANK. no committee of inspection. 251. Where the trustee is authorized to have an account at Local bank. a local bank, he shall forthwith pay all moneys received by him in to the credit of the estate. All payments out shall be made by cheque payable to order, and every cheque shall have marked or written on the face of it the name of the R. 252255. Payments out of Bank of England. Standing security to Board of Trade. Rate of payment. Mode of payment into Bank of England. estate, and shall be signed by the trustee, and countersigned. by such person as the creditors or the committee of inspection may appoint. Cf. section 74. 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. Cf. sections 21, 22. REMUNERATION OF SPECIAL MANAGER, ETC. 254. Where a special manager is appointed, and his remuneration is not fixed by the creditors, he shall be paid according to such scale as may from time to time be fixed by the Board of Trade. Cf. section 12. UNCLAIMED FUNDS, ETC., UNDER SECTION 162. 255. Any person whose duty it is, pursuant to section 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 R, 256The paying-in order shall be an for a paying-in order. Cf. section 162. 259. 256. An application, under sect. 162 of the Act, for pay- Application for payment ment out of the Bankruptcy Estates Account of any sum to out by party which any person claims to be entitled shall be made in such entitled. form and manner as the Board of Trade may from time to time direct, and shall (unless the Board of Trade dispenses therewith) be supported by the affidavit of the claimant, and such further evidence as the Board may require. PART V.-MISCELLANEOUS MATTERS. Trade orders, &c. 257. The Board of Trade may from time to time issue Board of general orders or regulations, for the purpose of regulating any matters under the Act or these Rules, which are of an administrative, and not of a judicial character. Judicial notice shall be taken of any general orders or regulations which are printed by the Queen's printers, and purport to be issued under the authority of the Board of Trade. 258. Any person who knowingly falsifies or fraudulently Falsification alters any document in or incidental to any proceeding under of documents. the Act or these Rules shall be deemed to be guilty of contempt of court, and shall be liable to be punished accordingly. The penalty imposed by this Rule shall be in addition to, and 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 debtors' accounts belonging to the debtor, or to set up any lien thereon. But It is to be observed that this rule is limited to books of accounts. the existence of a lien will not entitle a solicitor to refuse to produce for the inspection of the trustee any documents of the bankrupt in his possession. (Re Toleman, Ex p. Bramble, 13 Ch. D. 885.) See ante, section 27, and note, p. 80. A bond fide purchaser of the books, &c. of his partner on the dissolution of the partnership will not be required to hand over the books of accounts to the trustee in bankruptcy of the partner. (Re West, Ex p. Good, 21 Ch. D. 868.) books. R. 260266. Non-compliance with rules. Abridgment or enlargement of time. Repeal. Saving for existing laws, &c. Pending proceedings. Jurisdiction of High Court Registrars. Fee on receiving order. 260. Non-compliance with any of these Rules, or with any rule of practice for the time being in force, shall not render any proceeding void, unless the Court shall so direct; but such proceedings may be set aside, either wholly or in part, as irregular, or amended or otherwise dealt with in such manner and upon such terms as the Court may think fit. 261. The Court may, under special circumstances and for good cause shown, extend or abridge the time appointed by these Rules or fixed by any order of the Court for doing any act or taking any proceeding. 262. The Bankruptcy Rules of 1870, 1871, 1873 and 1878 are hereby annulled, except so far as regards any proceedings under the Bankruptcy Act, 1869, which may be pending in any Court at the date of the commencement of these Rules. 263. When no other provision is made by the Act or these Rules the present law, procedure and practice in bankruptcy matters shall, in so far as applicable, remain in force. And save as provided by these Rules, or Rules amending them, the Rules of the Supreme Court shall not apply to any proceeding in bankruptcy. 264. In any proceeding commenced under the Bankruptcy Act, 1869, or any previous Bankruptcy Act, a Registrar shall, unless and until the Judge otherwise orders, continue to have and exercise all powers and jurisdiction (not otherwise provided for by the Act or these Rules) which he had by delegation or otherwise at the commencement of these Rules. 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 section 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, |