(4.) During any vacancy in the office of trustee the official receiver is to act as trustee (s. 87).

Voting Powers of Trustee.

(183.) What limitation is there to the trustee's Voting power of voting?

The vote of the trustee, or of his partner, clerk, solicitor, or solicitor's clerk, either as creditor or as proxy for a creditor, is not to be reckoned in the majority required for passing any resolution affecting the remuneration or conduct of the trustee (s. 88).

Control over Trustee.

powers of trustee.

(184.) To what control is the trustee subject in Control the administration of the estate?

The trustee is in the administration of the bankrupt's property, and in the distribution thereof amongst his creditors to have regard to any directions given by resolution of the creditors at any general meeting, or by the committee; and any directions given by the creditors at any general meeting, are, in case of conflict, to be deemed to override any directions given by the Committee. He may summon general meetings of the creditors to ascertain their wishes, and it is his duty to summon meetings at such time as the creditors, by resolution, either at the meeting appointing the trustee, or otherwise, may direct, or whenever requested in writing to do so by one fourth in value of the creditors, and he may apply to the Court for directions in relation to any particular matter arising under the bankruptcy, but subject to the provisions of the Act, he is to use

over

trustee.

his own discretion in the management and distribution of the estate (s. 89).

Appeal (185.) Can any appeal be brought against an against acts act of the trustee?

of trustee.

Board of Trade has control

over

trustees.

If the bankrupt, or any of the creditors, or any other person is aggrieved by any act or decision of the trustee, he may apply to the Court, and the Court may confirm, reverse, or modify the act or decision complained of, and make such order in the premises as it thinks just (s. 90).

(186.) What general control has the Board of Trade over trustees?

The Board is to take cognizance of the conduct of trustees, and in the event of any trustee not faithfully performing his duties, and duly observing all the requirements imposed on him by statute, rules or otherwise with respect to the performance of his duties, or in the event of any complaint being made to the Board by any creditor in regard thereto, the Board is to inquire into the matter and take such action thereon as may be deemed expedient.

The Board may at any time require any trustee to answer any inquiry made by them in relation to any bankruptcy in which the trustee is engaged, and may, if the Board think fit, apply to the Court to examine on oath the trustee or any other person concerning the bankruptcy.

The Board may also direct a local investigation to be made of the books and vouchers of the trustee (s. 91).

PART VI.

CONSTITUTION, PROCEDURE, AND POWERS OF COURT.

Jurisdiction.

(187.) What Courts have jurisdiction in bank- Courts ruptcy?

having jurisdiction The High Court and the County Courts; but in bankthe Lord Chancellor may from time to time, by ruptcy. order under his hand, exclude any County Court from having jurisdiction in bankruptcy, and for the purposes of bankruptcy jurisdiction may attach its district or any part thereof to the High Court, or to any other County Court (s. 92). (188.) What important effect has the Bankruptcy London Act, 1883, upon the London Bankruptcy Court?

Bankruptcy Court consolidated

with Supreme Court.

Court bankruptcy

acted.

The London Bankruptcy Court is united and consolidated with and is to form part of the Supreme Court, and its jurisdiction is transferred to the High Court (s. 93). (189.) By what Court is bankruptcy business By what now to be transacted? Subject to general rules, and to orders of business to transfer, all matters pending in the London be transBankruptcy Court at the commencement of the Bankruptcy Act, 1883, or which would have been within the exclusive jurisdiction of that Court if that Act had not passed, or in respect of which jurisdiction is given to the High Court by that Act, are to be assigned to such Division of the High Court as the Lord Chancellor may from time to time direct. All such

Bankruptcy

matters to

be intituled

matters are, subject as aforesaid, to be ordinarily transacted and disposed of by or under the direction of one of the judges of the High Court to be from time to time assigned by the Lord Chancellor for the purpose (s. 94).

(190.) How are bankruptcy matters to be entitled? 'In Bankruptcy" (s. 94).

66

(191.) In what Court must a bankruptcy petition "In Bank- be presented?

ruptcy."

How bankruptcy petition to be presented.

Definition

of London

Bankruptcy district.

Juris

diction of County

Court in bankruptcy.

If the debtor has resided or carried on business within the London bankruptcy district for the greater part of the six months immediately preceding the presentation of the petition, or for a longer period during those six months than in the district of any County Court, or is not resident in England, or if the petitioning creditor is unable to ascertain the residence of the debtor, the petition should be presented to the High Court. In any other case it should be presented to the County Court for the district in which the debtor has resided or carried on business for the longest period during the six months immediately preceding the presentation of the petition; but a proceeding is not invalidated by reason of its being taken in a wrong Court (s. 95).

(192.) What places are within the London bankruptcy district?

The City of London and the liberties thereof, and all such parts of the metropolis and other places as are situated within the district of any of the metropolitan county courts (s. 96) (a). (193.) Is the jurisdiction of a County Court in bankruptcy limited to its own district, and is there any provision for the transfer of proceedings?

(a) See List of Metropolitan Courts, p. 156.

Every Court having original jurisdiction in bankruptcy has jurisdiction throughout England.

Any proceedings in bankruptcy may at any · time, at any stage, and either with or without application from any of the parties thereto, be transferred by any prescribed authority and in the prescribed manner from one court to another court, or may by the like authority be retained in the Court in which the proceedings were commenced, although it may not be the Court in which they ought to have been commenced (8.97).

(194.) How may a question of law arising in bankruptcy proceedings in a County Court be determined?

par

Determina

tion of questions of law arising in bankruptcy proceedings in

Court.

By the judge of such County Court, and in some cases by the registrar; but if all the ties to the proceeding, or one of them and the County judge of the County Court desire, to have the question of law determined in the first instance in the High Court, the Act directs that the judge shall state the facts, in the form of a special case, for the opinion of the High Court. The special case and the proceedings, or such of them as may be required, áre to be transmitted to the High Court for the purposes of the determination (s. 97).

(195.) To what extent have the registrars juris- Extent of diction in bankruptcy?

registrars' juris

The registrars in bankruptcy of the High diction. Court, and the registrars of a County Court having jurisdiction in bankruptcy, have power, subject to any general rules limiting such power:

(1.) To hear bankruptcy petitions, and to make receiving orders and adjudications thereon: