debtor, the Court may summon before it the debtor or his wife, or any person known or suspected to have in his possession any property of the debtor, or any person supposed to be indebted to the debtor, or capable of giving information concerning him or his property, and may require such person to produce any documents in his possession relating to the debtor or his property, and may examine him upon oath, either by word of mouth or by written interrogations, with regard to any matters concerning the debtor, his dealings or property. If the person so summoned, after having been tendered a reasonable sum, refuses to come before the Court, or to produce any document, without good cause, he may be apprehended on a warrant issued by the Court and brought up for examination. When upon examination such person admits that he is indebted to the debtor, or that he has in his possession any property belonging to the debtor, the Court may, on the application of the official receiver or the trustee, order him to make payment or delivery in such manner as it thinks just.

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 place out of England (sect. 27).

Further, by sect. 51 of the Act in the case of a debtor adjudged bankrupt, any person acting under warrant of the Court, may seize any part of the property of a bankrupt in the bankrupt's custody or possession, or in that of any other person; and with a view to such seizure, may break open any house, building, or room of the bankrupt where the bankrupt is supposed to be, or any building or receptacle of the bankrupt where any of his property is supposed to be; and where the Court is satisfied that there is reason to believe that the

property of the bankrupt is concealed in a house or place not belonging to him, the Court may, if it thinks fit, grant a search warrant to any constable or officer of the Court who may execute the same according to its tenor.

SECTION 5.

OF THE ADJUDICATION OF BANKRUPTCY AND APPOINTMENT OF TRUSTEE AND COMMITTEE OF INSPECTION.

Adjudication of Bankruptcy. Where a receiving order is made against a debtor, then, if the creditors at their first meeting or any adjournment thereof by ordinary resolution resolve that the debtor be adjudged bankrupt, or pass no resolution, or if no meeting is held, or if a composition or scheme (see post, p. 106) is not accepted or approved within fourteen days after the conclusion of the examination of the debtor, or such further time as the Court may allow, the Court shall adjudge the debtor bankrupt. Notice of every order adjudging a debtor bankrupt must be gazetted and advertised in a local paper as prescribed (sect. 20).

Before proceeding to touch upon the subject of adjudication, however, it should be stated that under the Act power is given to the Court to annul a receiving order in certain cases. "If in any case where a receiving order has been made on a bankruptcy petition it shall appear to the Court by which such order was made, upon an application by the official receiver, or any creditor or other person interested, that a majority of the creditors in number and value are resident in

Scotland or in Ireland, and that from the situation of the property of the debtor, or other causes, his estate and effects ought to be distributed among the creditors under the bankrupt or insolvent laws of Scotland or Ireland, the said Court, after such inquiry as to it shall seem fit, may rescind the receiving order and stay all proceedings on or dismiss the petition, upon such terms, if any, as the Court may think fit" (sect. 14).

Appointment of a Trustee. When a debtor is adjudged bankrupt, immediately upon the adjudication taking place the property of such bankrupt becomes divisible amongst his creditors and shall vest in a trustee. Section 21 provides that where a debtor is adjudged bankrupt or the creditors have resolved that he be adjudged bankrupt, the creditors may by ordinary resolution appoint some fit person, whether a creditor or not, other than the official receiver, to fill the office of trustee of the property of the bankrupt, or they may resolve to leave his appointment to the committee of inspection hereinafter mentioned (see post, p. 41). The person so appointed trustee will be required to give security to the satisfaction of the Board of Trade, which must also certify the appointment.

But power is reserved to the Board of Trade to object to the appointment of any trustee on any of the following grounds: (1) that such appointment has not been made in good faith by a majority in value of the creditors voting; or (2) that the person appointed is not fit to act as a trustee; or (3) that his connection with the bankrupt or his estate, or any particular creditor, makes it difficult for him to act impartially in the interests of the creditors generally. Where any objection to the appointment of a trustee is made by the

Board of Trade, however, the Board must notify the objection to the High Court, if so requested by a majority in value of the creditors, and the Court will decide on its validity (sect. 21, sub-ss. 2, 3).

The creditors may, if they think fit, appoint more persons than one to the office of trustee; and where more persons than one are appointed, they shall declare whether any act required or authorized to be done by the trustee is to be done by all or any one or more of them; but where more than one person is appointed, they are in the Act included under the term "trustee," and shall be joint tenants of the bankrupt's estate. The creditors may also appoint persons to act as trustees in succession, in the event of any one first appointed refusing to act, or failing to give security, or not being approved of by the Board of Trade (sect. 84).

If a trustee is not appointed by the creditors within four weeks from the date of the adjudication, or in the event of negotiations for a Composition or Scheme (see post, p. 106) being pending at the expiration of those four weeks, then, within seven days from the close of those negotiations, by the refusal of the creditors to accept, or of the Court to approve, the composition or scheme, the official receiver shall report the matter to the Board of Trade, which will thereupon appoint a trustee. But in such case the creditors, or committee of inspection if authorized by the creditors, may at any subsequent time appoint a trustee, and if he is certified by the Board of Trade, the appointment previously made by it will be annulled (sect. 21, sub-ss. 6, 7).

When a debtor is adjudged bankrupt after the first meeting of creditors has been held, and a trustee has not been appointed prior to the adjudication, the official

receiver shall forthwith summon a meeting of creditors for the purpose of appointing a trustee (sect. 21, sub-s. 8, and see further as to Trustees, post, p. 86).

Committee of Inspection. The creditors qualified to vote may, at their first or any subsequent meeting, by resolution appoint from among their number, or from among the number of the holders of general proxies or general powers of attorney, a committee of inspection, consisting of not more than five nor less than three members, for the purpose of superintending the administration of the bankrupt's property by the trustee. Such committee shall meet for the transaction of business at least once a month, but the trustee or any member of the committee may call a meeting whenever he thinks necessary. The committee is to act by a majority of its members present at a meeting, but a majority of the committee must always be present in order to constitute a valid meeting.

A member of the committee of inspection may resign by notice in writing signed by him and delivered to the trustee; and if a member becomes bankrupt or arranges with his creditors, or is absent from five consecutive meetings, his office is thereupon vacated; while any member may be removed by an ordinary resolution at any meeting of creditors of which seven days' notice has been given stating the object of the meeting. When a vacancy occurs a meeting of creditors must be summoned by the trustee for the purpose of making another appointment, but the continuing members of the committee, provided there are not less than two such continuing members, may in the interim continue to act.

Further, it is provided that if a committee of inspection is not appointed, "any act or thing or any direction or