made use of in voting at any meeting, to require the creditor to give up the security for the benefit of the creditors on payment of the value so estimated, with an addition thereto of 20 per cent. Provided that where a creditor has put a value on such security, he may at any time before he has been required to give up such security as aforesaid, correct such valuation by a new proof, and deduct such new value from his debt; but in that case such addition of 20 per cent. shall not be made if the trustee requires the security to be given up (see Schedule 1, Rules 15, 8—12).

Power is given to the chairman of a meeting to admit or reject a proof for the purpose of voting, subject to an appeal to the Court. If a chairman is in doubt, he must mark the proof as objected to, and allow the creditor to vote, subject to the vote being afterwards declared invalid. When a receiving order is made against one partner of a firm any creditor to whom that partner is indebted, jointly with the other partners of the firm, or any of them, may prove his debt and vote (see Schedule 1, Rules 14, 13).

Proxies. Where a proxy is used in voting it must be in the prescribed form, and issued by the official receiver, or by the trustee if one has been appointed; and every insertion therein must be in the handwriting of the person giving the proxy. A creditor may give a general proxy to his manager or clerk or any other person in his regular employment, but he must state in the instrument the relation in which the person to act thereunder stands to him. A creditor may give a special proxy to any person to vote at any specified meeting, or for or against any specific resolution, or for or against any specified person as trustee or member of a committee of inspection; and the official receiver may be appointed

by a creditor to act either as his general or special proxy, but no proxy shall be used unless it has been deposited with the official receiver or trustee before the meeting at which it is to be used. No person acting. either under a general or special proxy shall vote in favour of any resolution which would directly or indirectly place himself, his partner or employer in a position to receive any remuneration out of the estate of the debtor, otherwise than as a creditor rateably with the other creditors of the debtor, but this shall not apply to anyone voting for the appointment of himself as trustee under a special proxy to that effect. And where it appears to the satisfaction of the Court that any solicitation has been used by or on behalf of a trustee or receiver in obtaining proxies, or in procuring the trusteeship or receivership, except by the direction of a meeting of creditors, power is given to the Court, if it thinks fit, to order that no remuneration whatever shall be allowed to the person by whom or in whose behalf such solicitation has been made, notwithstanding any resolution of the committee of inspection or of the creditors to the contrary (Schedule 1, Rules 16-21, 26).

Public Examination of Debtor. In every case where the Court makes a receiving order it shall hold a public sitting on a day as soon as conveniently may be after the expiration of the time for the submission of the debtor's statement of affairs for the examination of the debtor, who must attend such examination and be examined upon oath as to his conduct, dealings and property. At this examination any questions may be put to the debtor by a creditor who has tendered a proof or his representative authorized in writing concerning the affairs of the debtor and causes of his failure; and

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such other questions as the Court may think fit to put; and the debtor is bound to answer them. The official receiver shall take part in the examination, and may, if specially authorized by the Board of Trade, employ a solicitor, with or without counsel. If a trustee is appointed before the conclusion of the examination, he will also be allowed to take part in it. The Court may adjourn the examination from time to time, and only declare by order the examination concluded, when it is of opinion that the affairs of the debtor have been sufficiently investigated; but such order shall not be made until after the day appointed for the first meeting of creditors. Such notes of the examination as the Court thinks proper shall be taken down in writing and signed by the debtor, and may be used in evidence against him; they shall also be open to the inspection of any creditor at all reasonable times (sect. 17, and see sect. 105, sub-s. 6).

SECTION 4.

OF THE CONTROL OVER THE PERSON AND

PROPERTY OF THE DEBTOR.

Control over Debtor. Every debtor against whom a receiving order is made, unless prevented by sickness or other sufficient cause, must attend the first meeting of his creditors, and submit to such an examination and give such information as the meeting may require.

He must give an inventory of his property, a list of his creditors and debtors, and of the debts due to and from them, execute such powers of attorney, conveyances, deeds, and instruments, and generally do all such acts in relation to his property and its distribution amongst his creditors as may be reasonably required by the official receiver, special manager, or trustee, or may be prescribed by general rules or by the Court. For this purpose he must attend any subsequent meetings of the creditors, and wait on the official receiver, special manager, or trustee, at such times as may be required. (Sect. 24, sub-ss. 1, 2.)

If a debtor wilfully fails to perform the duties thus imposed on him, or to deliver up any of his property divisible amongst his creditors which may be in his possession to the official receiver, or to the trustee, or to any other person authorized by the Court, in addition to any other punishment to which he may be subject, he will be guilty of contempt of Court, and may be punished accordingly. (Sect. 24, sub-s. 4.)

Arrest. Further, in any of the under-mentioned circumstances, the Court may, by warrant addressed to any constable or prescribed officer of the Court, cause a debtor to be arrested, and any books, papers, money, and goods in his possession to be seized and safely kept.

(1) If after a bankruptcy notice has been issued under this Act, or after presentation of a bankruptcy petition by or against him, it appears to the Court that there is probable reason for believing that he is about to abscond with a view of avoiding payment of the debt in respect of which the bankruptcy notice was issued, or of avoiding service of a bankruptcy petition, or of avoiding appearance to any such petition, or of avoiding exa

mination in respect of his affairs, or of otherwise avoiding, delaying, or embarrassing proceedings in bankruptcy against him.

But in case of an arrest upon a bankruptcy notice the debtor must be served with such notice before or at the time of his arrest.

(2) If after presentation of a bankruptcy petition by or against him, it appears to the Court that there is probable cause for believing that he is about to remove his goods with a view of preventing or delaying possession being taken of them by the official receiver or trustee, or that there is probable ground for believing that he has concealed, or is about to conceal, or destroy any of his goods, or any books, documents, or writings, which might be of use to his creditors in the course of his bankruptcy.

(3) 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 57. without leave of the official receiver or trustee.

(4) If without good cause shown he fails to attend any examination ordered by the Court (sect. 25).

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, shall be re-directed by the post office authorities and sent to the official receiver or trustee, or otherwise as the Court directs (sect. 26).

Discovery of Debtor's Property. Further, on the application of the official receiver or trustee, at any time after a receiving order has been made against a