182783-1931-Supplementary-Draft-Bill--Bankruptcy — Page 42

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enactment repealed by this Ordinance, or which would justify the court in refusing, suspending or qualifying an order for his discharge;

(b) to conduct the public examination of the

debtor;

(c) to take such part and give such assistance in relation to the prosecution of any fraudulent debtor as the Attorney General may direct.

78.-(1) As regards the estate of a debtor, it shall Duties of be the duty of the Official Receiver-

Official Re- ceiver as to

(a) pending the appointment of a trustee, to act debtor's

as interim receiver of the debtor's estate, estate. and, where a special manager is not appoint- 4 & 5 Geo. 5,

c. 59, ed, as manager thereof;

s. 74 (1).

(b) to raise money in any case where, in the interests of the creditors, it appears necessary so to do;

(c) to summon and preside at the first meeting

of creditors;

(d) to issue forms of proxy for use at the meet-

ings of creditors;

(c) to report to the creditors as to any proposal which the debtor may have made with respect to the mode of liquidating his affairs;

(f) to advertise the receiving order, the date of the creditors' first meeting and of the debtor's public examination, and such other matters as it may be necessary to advertise;

(g) to act as trustee during any vacancy in the

office of trustee;

(h) to assist the debtor in preparing his state- ment of affairs in the case the debtor has no solicitor acting for him and is unable pro- perly to it prepare himself, and for this pur- pose he may employ at the expense of the estate any person or persons to assist in its preparation.

(2) For the purpose of his duties as interim re- 4 & 5 Geo. 5, ceiver or manager, the Official Receiver shall have c. 59, the same powers as if he were a receiver and managers. 74 (2). appointed by the court, but shall, as far as practi- cable, consult the wishes of the creditors with respect to the management of the debtor's property, and may for that purpose, if he thinks it advisable, summon meetings of the persons claiming to be creditors, and shall not, unless the court otherwise order, incur any expense beyond such as is requisite for the protection of the debtor's property, or the disposing of perishable goods:

(3) The Official Receiver shall account to the 4 & 5 Geo 5, court and pay over all moneys and deal with all c. 59, securities in such manner as the court from time to s. 74 (3) time direct.

PART V.

TRUSTEES IN BANKRUPTCY.

Official Name.

n of trustee.

79. The official name of a trustee in bankruptcy Official name shall be "the trustee of the property of bankrupt" (inserting the name of the bankrupt), and 4 & 5 Geo. 5, by that name the trustee may hold property of. 59, s. 76. every description. make contracts. sue and be sued.