182909-1931-Supplementary-Bills-read-a-first-time--Bankruptcy — Page 28

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husband's

41.-(1) Where a

married woman has been Postpone- adjudged bankrupt, her husband shall not be entitled ment of to claim any dividend as a creditor in respect of any and wife's money or other estate lent or entrusted by him to claims. her until all claims of the other creditors of his wife 4 & 5 Geo. 5, for valuable consideration in money or money's worth c. 59, have been satisfied.

s. 36 (1).

(2) Where a debtor has been adjudged bankrupt, 4 & 5 Geo. 5, any money or other estate of his wife lent or entrusted c. 59,

s. 36 (2). by her to him shall be treated as assets of his estate, and the wife shall not be entitled to claim any dividend as a creditor in respect of any such money or other estate until all claims of the other creditors of the debtor for valuable consideration in money or money's worth have been satisfied.

(3) In this section "married woman' and 'wife" include "concubine".

Property available for Payment of Debts.

trustee's

42. The bankruptcy of a debtor, whether it Relation takes place on the debtor's own petition or upon back of that of a creditor or creditors, shall be deemed to title. have relation back to, and to commence at, the time 4 & 5 Geo. 5, of the act of bankruptcy being committed on which a c. 59, s. 37. receiving order is made against him, or, if the bank- rupt is proved to have committed more acts of bankruptcy than one, to have relation back to, and to commence at, the time of the first of the acts of bankruptcy proved to have been committed by the bankrupt within three months next preceding the date of the presentation of the bankruptcy petition, but no bankruptcy petition, receiving order or adjudi- cation shall be rendered invalid by reason of any act of bankruptcy anterior to the debt of the petitioning creditor.

43. The property of the bankrupt divisible amongst Description his creditors, and in this Ordinance referred to as of bank- the property of the bankrupt, shall not comprise the rupt's following particulars :-

property divisible amongst

(a) property held by the bankrupt on trust for creditors.

any other person;

4 & 5 Geo. 5, c. 59,

(b) the tools (if any) of his trade and the s. 38 (1).

necessary wearing apparel and bedding of himself, and his family dependent on and residing with him, to a value, inclusive of tools and apparel and bedding, not exceeding one hundred dollars in the whole;

but it shall comprise the following particulars:-

(c) all such property as may belong to or be vested in the bankrupt at the commencement of the bankruptcy, or may be acquired by or devolve on him before his discharge;

(d) the capacity to exercise and to take proceed- ings for exercising all such powers in or over or in respect of property as might have been exercised by the bankrupt for his own benefit at the commencement of his bankruptcy or before his discharge;

(e) all goods being, at the commencement of the bankruptcy, in the possession, order or dis- position of the bankrupt, in his trade or business, by the consent and permission of the true owner, under such circumstances that he is the reputed owner thereof, provided that things in action other than debts due or growing due to the bankrupt in the course of his trade or business shall not be deemed goods within the meaning of this section.