Page:UKSRO 1890.pdf/50
Proof of debts in composition or scheme. [215.]
37. Every person claiming to be a creditor under any com- position or scheme, who has not proved his debt before the approval of such composition or scheme, shall lodge his proof with the trustee thereunder, if any, or, if there is no such trustee, with the Official Receiver, who shall admit or reject the same. And no creditor shall be entitled to enforce payment of any part of the sums payable under a composition or scheme unless and until he has proved his debt and his proof has been admitted.
Composition and schemes under section [216.]
38. All rules relating to compositions or schemes shall apply to compositions or schemes under section 3 of the Act of 1890, 23 of the Act and, so far as applicable, also to compositions or schemes under section 23 of the Act of 1883, and section 6 of the Act of 1890. of 1883.
Proof of Debts.
Swearing of affidavits, [219A.]
39. An affidavit of proof of debt may be sworn before an Assistant Official Receiver or any clerk of an Official Receiver duly authorised in writing by the Court or the Board of Trade in that behalf.
Lodging proofs where first meeting adjourned. [222A.]
40. Rule 222 of the Bankruptcy Rules, 1886, shall be read and construed as though at the end thereof there were added the following words:—
A proof intended to be used at an adjournment of the first meeting (if not lodged in time for the first meeting) must be lodged not less than twenty-four hours before the time fixed for holding the adjourned meeting.
Dividend.
Certified lists sent to Board of Trade. [225A.]
41. Upon the declaration of a dividend the trustee shall of proofs to be forthwith transmit to the Board of Trade a list of proofs filed with the proceedings under Rule 225 of the Bankruptcy Rules, 1886. Such list shall be in the Form No. 122A or No. 122B in the Appendix, and if the proceedings are in a County Court the list shall, upon payment of the prescribed fee, be examined by the Registrar with the proofs tendered for filing, and if found correct shall be certified by the Registrar. If the pro- ceedings are in the High Court, the trustee shall, if so required by the Board of Trade, transmit to the Board of Trade office copies of all lists of proofs filed by him up to the date of declaration of the dividend.
Time for admission or rejection of proofs by Official Receiver. [227A.]
42. Rule 227 of the Bankruptcy Rules, 1886, shall be con- strued as though there were substituted therein for the words seven days" the words "fourteen days."
Discharge.
Application. [235.]
43—(1.) A bankrupt intending to apply for his discharge
under section 8 of the Act of 1890, shall produce to the Registrar