Page:UKSRO 1890.pdf/48

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BANKRUPTCY, ENGLAND.

position or scheme, such application shall be deemed to be an opposed application within the meaning of paragraph (d) of sub-section 2 of section 99 of the Act of 1883.

Official Receiver's report to be filed. [201.]

23. In every case of an application to the Court to approve of a composition or scheme, the report of the Official Receiver shall be filed not less than four days before the time fixed for hearing the application.

Hearing and appeal. [202.]

24. On the hearing of any application to the Court to approve of a composition or scheme, the Court shall, in addition to considering the report of the Official Receiver, hear the Official Receiver and the trustee (if any) thereon, and an appeal to the Court of Appeal shall lie at the instance of the Board of Trade, or of the trustee (if any), from any order of the Court made upon such an application.

Costs of application of debtor. [203.]

25. No costs incurred by a debtor, of or incidental to an application by application to approve of a composition or scheme, shall be allowed out of the estate if the Court refuses to approve the composition or scheme.

Evidence and order. [204.]

26. (1.) The Court before approving of a composition or scheme shall, in addition to investigating the other matters as required by the Acts, require proof that the provisions of sub- sections (1) and (2) of section 3 of the Act of 1890 have been complied with. An order approving of a composition or scheme shall be in the Form No. 67 in the Appendix, with such variations as circumstances may require.

(2.) In the High Court the Senior Bankruptcy Registrar, and in a County Court the Registrar, shall forthwith send notice to the Board of Trade of every order made on an application to approve of a composition or scheme, and the Board of Trade shall gazette the same.

Provision in scheme for costs and charges. [205.]

27. Where a composition or scheme has been duly accepted by composition or the creditors, such composition or scheme shall not be approved by the Court unless the Court is satisfied, on the report of the Official Receiver, that provision is made for payment of all proper costs, charges, and expenses of and incidental to the proceedings, and all fees and per-centages payable to the Official Receiver and the Board of Trade under the Scale of Fees and Per-centages in force for the time being.

Fee on application. [206.]

28. The fee prescribed to be charged for and in respect of an application to the Court to approve of a composition or scheme may be allowed and paid out of the estate of the debtor in any case in which there are sufficient funds in the hands of the Official Receiver or trustee, as the case may be, available for the purpose.

Correction of formal slips, &c. [207.]

29. At the time a composition or scheme is approved of, the Court may correct or supply any accidental or formal slip, error, or omission therein, but no alteration in the substance of the composition or scheme shall be made.