417
125.-(1) No proceeding in bankruptcy shall be Formal invalidated by any formal defect or by any irregu- defect not to larity, unless the court is of opinion that substantial invalidate injustice has been caused by the defect or irregularity, 4 & 5 Geo. 5,
proceedings. and that the injustice cannot be remedied by any c. 59, order of the court.
s. 147 (1).
(2) No defect or irregularity in the appointment or 4 & 5 Geo. 5, election of a receiver, trustee, or member of a com- c. 59, mittee of inspection shall vitiate any act done by him §. 147 (2). in good faith.
from stamp
126. Every deed, conveyance, assignment, surren- Exemption der, or other assurance relating solely to freehold or of deeds, &c. leasehold property, or to any mortgage, charge or duty. other incumbrance on, or any estate, right or interest 4 & 5 Geo. 5, in, any real or personal property, which is part of the c. 59, s. 148. estate of any bankrupt, and which, after the execu- tion of the deed, conveyance, assignment, surrender, or other assurance, either at law or in equity, is or remains the estate of the bankrupt or of the trustee under the bankruptcy, and every power of attorney, proxy paper, writ, order, certificate, affidavit, bond or other instrument or writing relating solely to the property of any bankrupt, or to any proceeding under any bankruptcy, shall be exempt from stamp duty, except in respect of fees under this Ordinance.
ance
127. For all or any of the purposes of this Ordin- Acting of
a corporation may act by any of its officers corporations, authorised in that behalf under the seal of the cor- partners, &c. poration, a firm may act by any of its members, and 4 & 5 Geo. 5, c. 59, s. 149, a lunatic may act by his committee or curator bonis.
128. Where by any Ordinance or instrument re- Construc- ference is made to any enactment repealed by this tion. Ordinance, the Ordinance or instrument shall, unless 4 & 5 Geo. 5, the context otherwise requires, be construed and have 59, effect as if this Ordinance or the corresponding provi-
s. 150 (2). sion (if any) of this Ordinance were therein referred
to.
129. Save as provided in this Ordinance, the pro- Certain pro- visions of this Ordinance relating to the remedies visions to against the property of a debtor, the priorities of debts, bind Crown. the effect of a composition or scheme of arrangement,
4 & 5 Geo. 5, c. 59, s. 151. and the effect of a discharge, shall bind the Crown.
Unclaimed Funds or Dividends.
130.-(1) Where the trustee, under any bank- Unclaimed ruptcy, composition or scheme, pursuant to this and undis- Ordinance has under his control any unclaimed divid- tributed end which has remained unclaimed for more than six dividends or
funds under months, or where, after making a final dividend, he this and has in his hands or under his control any unclaimed former or undistributed money arising from the property of Ordinances. the debtor, he shall forthwith pay it to the Regis- 4 & 5 Geo. 5, trar, who shall carry the same to an account to be s. 153 (1). termed the Bankruptcy Estates Account. The Re- Ordinance gistrar's receipt for the money so paid shall be a No. 7 of sufficient discharge to the trustee in respect thereof. 1891,
c. 59.
s. 80 (1).
(2) The trustee, whether he has obtained his release Ordinance or not, may be called upon by the court to account No. 7 of for any unclaimed funds or dividends, and any failure 1891, to comply with the requisitions of the court in this
s. 80 (2). behalf may be dealt with as a contempt of court.
(3) Any person claiming to be entitled to any Ordinance moneys paid into the Bankruptcy Estate Account No. 7 of under this Ordinance or under the Bankruptcy Ordi- 1891,
s. 80 (3). nance, 1891, may, within five years of the date when the same was so paid in, apply to the Registrar for payment to him of the same. and the Registrar. if