182909-1931-Supplementary-Bills-read-a-first-time--Bankruptcy — Page 41

522

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No action

73. No action for a dividend shall lie against the for dividend. trustee, but, if the trustee refuses to pay any 4 & 5 Geo. 5, dividend, the court may, if it thinks fit, order him te c. 59, s. 68.

pay it, and also to pay out of his own money interest thereon for the time that it is withheld, and the costa of the application.

Right of bankrupt to surplus. 4 & 5 Geo. 5,

c. 59, s. 69.

Appointment

of Official Receiver. Ordinance No. 7 of 1891, s. 9.

Ordinance No. 1 of 1871.

Status of

Official Re- ceiver.

4 & 5 Geo. 5,

c 59,

s. 72 (1).

4 & 5 Geo. 5, c. 59, s. 72 (2).

4 & 5 Geo. 5, c. 59,

s. 72 (3).

4 & 5 Geo. 5, c. 59,

s. 72 (4).

Duties of

Official Re- ceiver as regards the

debtor's

conduct.

4 & 5 Geo. 5, c. 69, s. 73.

74. The bankrupt shall be entitled to any surplus remaining after payment in full of his creditors, with interest, as by this Ordinance provided, and of the costs, charges, and expenses of the proceedings under the bankruptcy petition.

PART IV.

OFFICIAL RECEIVER,

75.-(1) Subject to the provisions of sub-section (2), the Governor may appoint such persons as he thinks fit to be Official Receiver and Deputy Official Receiver of debtors' estates under this Ordinance and may remove such persons from such offices.

(2) No person shall be appointed Official Receiver unless at the time of such appointment he possesses such qualifications as would entitle the court to approve, admit and enrol him as a barrister or as a solicitor under section 21 of the Legal Practitioners Ordinance, 1871.

(3) The Official Receiver shall act under the gen- eral authority and direction of the Governor and shall also be an officer of the court.

(4) Every Deputy Official Receiver shall have all the powers conferred on the Official Receiver by this Ordinance or by any Ordinance amending or substi- tuted for the same.

(5) Every Deputy Official Receiver shall act under the general authority and direction of the Official Receiver for the time being, or, if there be no Official Receiver for the time being, under the general authority and direction of the Governor, and shall also be an officer of the court.

76.-(1) The duties of the Official Receiver shall have relation both to the conduct of the debtor and to the administration of his estate.

(2) The Official Receiver may, for the purpose of affidavits verifying proofs, petitions, or proceedings under this Ordinance administer oaths.

(3) All provisions in this or any other Ordinance referring to the trustee in a bankruptcy shall, unless the context otherwise requires, or the Ordinance otherwise provides, include the Official Receiver when acting as trustee.

(4) The trustee shall supply the Official Receiver with such information, and give him such access to and facilities for inspecting the bankrupt's books and documents, and generally shall give him such aid, as may be requisite for enabling the Official Receiver to perform his duties under this Ordinance.

77. As regards the debtor, it shall be the duty of the Official Receiver:-

(a) to investigate the conduct of the debtor and to report to the court, stating whether there is reason to believe that the debtor has com- mitted any act which constitutes a mis- demeanour under this Ordinance Or ANY