608
Possession of property by trustee.
No. 7 of 1891.
BANKRUPTCY
(2) the person (other than the debtor) to, by, or with whom the payment, delivery, conveyance, assignment, contract, dealing, or transaction was made, executed, or entered into has not, at the time of the payment, delivery, conveyance, assignment, contract, dealing, or transaction, notice of any available act of bankruptcy committed by the bankrupt before that time.
Realization of property.
43.--(1) The trustee shall, as soon as may be, take possession of the deeds, books, and documents of the bankrupt and all other parts of his property capable of manual delivery.
46 & 47 Vict. c. 52, s. 50.
Seizure of property of bankrupt.
46 & 47 Vict. c. 52, s. 51.
(2) The trustee shall, in relation to and for the purpose of acquiring or retaining possession of the property of the bankrupt, be in the same position as if he were a receiver of the property appointed by the court, and the court may, on his application, enforce such acquisition or retention accordingly.
(3) When any part of the property of the bankrupt consists of stock, shares in ships, shares, or any other property transferable in the books of any company, office, or person, the trustee may exercise the right to transfer the property to the same extent as the bankrupt might have exercised it if he had not become bankrupt.
(4) Where any part of the property of the bankrupt consists of things in action, such things shall be deemed to have been duly assigned to the trustee.
(5) Any officer, clerk, servant, compradore, employé, or person acting as banker, attorney, or agent of a bankrupt shall pay and deliver to the trustee all moneys and securities in his possession or power which he is not by law entitled to retain as against the bankrupt or the trustee. If he does not, he shall be guilty of a contempt of court and may be punished accordingly, on the application of the trustee.
44. Any person acting under a warrant of the court may seize any part of the property of a bankrupt in the custody or possession of the bankrupt or 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 when
608
Possession of property by trustee.
No. 7 of 1891.
BANKRUPTCY.
(2) the person (other than the debtor) to, by, or with whom the payment, delivery, conveyance, assignment, contract, dealing, or transaction was made, executed, or entered into has not, at the time of the payment, delivery, conveyance, assignment, contract, dealing, or transaction, notice of any available act of bankruptcy committed by the bankrupt before that time.
Realization of property.
43.--(1) The trustee shall, as soon as may be, take possession of the deeds, books, and documents of the bank- 46 & 47 Vict. rupt and all other parts of his property capable of manual
c. 52, s. 50.
Seizure of property of bankrupt.
c. 52, s. 51.
J
delivery.
(2) The trustee shall, in relation to and for the purpose of acquiring or retaining possession of the property of the bankrupt, be in the same position as if he were a receiver of the property appointed by the court, and the court may, on his application, enforce such acquisition or retention accord- ingly.
(3) When any part of the property of the bankrupt consists of stock, shares in ships, shares, or any other property transferable in the books of any company, office, or person, the trustee may exercise the right to transfer the property to the same extent as the bankrupt might have exercised it if he had not become bankrupt.
(4) Where any part of the property of the bankrupt consists of things in action, such things shall be deemed to have been duly assigned to the trustee.
(5) Any officer, clerk, servant, compradore, employé, or person acting as banker, attorney, or agent of a bankrupt shall pay and deliver to the trustee all moneys and securities in his possession or power which he is not by law entitled to retain as against the bankrupt or the trustee. If he does not, he shall be guilty of a contempt of court and may be punished accordingly, on the application of the trustee.
44. Any person acting under a warrant of the court may seize any part of the property of a bankrupt in the custody 46 & 47 Vict. or possession of the bankrupt or 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 when
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