None
DISCRETION OF COURT, how exercised ia statutory arrangements, 62, 196 DISSENTIENT CREDITORS, power to settle with, 83, 98, 112 DIVIDENDS, clause for payment of, o9, 77, 89, 97 retention of, 105 not to be disturbed by subsequent assent of creditors, 21 trustee's duty to reserve, 23 DIVISION OF ESTATE, when to be made, 18 ELIZABETH, STATUTE OF (13 Eliz. c. 5), 19 ENFORCEMENT OF TRUSTS, by what Court, 10 EQXTALITY, agreement for ioequality of payment, 49 among creditors, 48 ESCROW, deed delivered as, not an Act of bankruptcy, 54 instead of covenant to assign, 54 EXTRACTS FROM REGISTERED DEED, fee for, 163 n., 177 FEES, application to appi'ove statutory arrangement on, 74 inspectioQ of deed, 163 n. orders as to, for inspecting deed, 177 registration, 177 searching register, 177 on accounts transmitted to Board of Trade, 193 registration, 165 searching register, 177 FOREIGN DEBTOR, arrangement by, 154 FRAUDULENT DEED, under 13 Eliz. c. 5... 19 INDEMNITY, to trustees making division, 19 INSPECTION OF REGISTERED DEED, 162 fee for, 163 n., 177 240 Index. INSPECTORS, liability of, 5G not trustees witliia Bankruptcy xVct, 71, 142 powers of, 55 remuneration of, D7 «., 104 INSPECTORSHIP DEED, assignment, in 100 n. clauses in, application of moneys, 103, 115 covenanty creditors, not to sue, 100, 114 by debtors, to allow inspection of books, 102 assign if required, 107, 118 carry on Ijusiness, 101 keep proper books, 102, 115 make up accounts, 101 not carry on new business, 103 wind up business, 114 deposit in bank, 104, 116 determination of deed, 110, 120 dividends, declaration of, 105 retaining moneys to answer debts not ascer- tained, 105 letter of licence, 100, 113 majority to prevail, 111 powers of inspectors, actions, bringing or defending, 105, 116 arrangement with mortgages, 107, 117 determination of deed, 110, 120 disputes, settlement of, 106, 117 dissentient creditors, settling with, 112 employment of assistants, 103, 115 indemnity, 112 new inspectors, appointment of. 111 power of attorney, 108, 119 remuneration of debtor and assistants, 103, 115 int-pector, 104 sale, 106, 116 subsistence money of debtor, 104, 115 recitals, 99, 113 release, 109, 119 rule of bankruptcy as to joint and separate estates, 104 securities, reservation of, 107, 118 sureties, proviso as to, 107, 117 verification of debts, 106, 117 different kinds of, 54 employment of accountant, 56, 103 in bankruptcy, when preferable to administration under an assignment, 71 not an act of bankruptcy, 53 precedent of, between partners and joint and separate creditors, where businesB to be carried on, 99 Index. 241 INSPECTORSHIP D^Y,\)— continued. precedent of, in bankruptcy proceedings, 142 where business to be wound up, 113 provisions of, application of moneys, 55 covenant by creditors not to sue, 55 debtor to assign if required, 57, 107 carry on business, 55 wind up business, 55 determination of arrangement, on breach of covenant by debtor, 59 execution issued or bankruptcy, 58 employment of assistants^ 55 inspector's powers, 55 bringing actions, 56 settling disputes, 55 verification of claims, 55 letter of licence, 55 release of debtors on certificate of inspectors, 58 registration, under Deeds of Arrangement Act, 59 whether required under Bills of Sale Act, 60 utility of, 54 when applicable, 53 INVALIDITY OF DEED, effect where trustee has acted, 25 where trustee acts after, 11 IRELAND, registration in, 179 JOINT AND SEPARATE ESTATES, administration of, 47, 92, 104 LAXDS CHARGES REGISTRATION AND SEARCHES ACT, 1888 registration under, 3, 194 LEASEHOLDS, acceptance of, by trustee, 32 declaration of trust by debtor as to, 80, 92 exception of, from assignment, 32 subsequent assignment of, does not require registration, 155 LICENCE, LETTER OF, in inspectorship deed, 55 precedent of, 100, 113 not an act of bankruptcy, 138 n. f)recedent of, 138 registration of, under Deeds of Arrangement Act, 59, 139 a. whether under Bills of Sale Acts, 60, 139 n. validity under Bills of Sale Act, 1882 .. 60 D.A. -^ 16 242 Index, LIMIT OF TIME. See Time LIMITATIONS, STATUTE OF, 51 MEETING OF CREDITORS, power to call, 35 precedent of, 82, 120, 126 MORTGAGEES, power to pay interest to, 79, 'Jl settle \vith,'lO, 91, 107 NOTICE, of avoiiliince of deed, 12 of suspension of payment, whether composition is, 43 to creditors of execution of deed, G form of notice to creditors, 227 OFFICE COPIES, 1(]2 fee for, 177 value of, as evidence, 162 PAROL AGREEMENT, for composition, how far effectual to avoid registration, 153 PARTNERS, creditors do not become, by receipt of dividends earned, 36 secured creditors of, 47 composition by, 47 PAYMENT INTO COURT, of surplus, 9 PENALTY ON TRUSTEE, for acting when deed void, 11 for failure to transmit accounts, 9 for making preferential payment, 9 PENSIONS, what assignable, 33 POSTPONEMENT, of claims by creditors, 50 precedent of, 129 PRECEDENTS. See Table of Contents PREFERENTIAL CLAIMS, must be paid under statutory arrangement, 69 provision for payment of, 38 PREFERENTIAL PAYMENTS by delator, 48 by trustee, 9 PROMISSORY NOTES, for payment of composition, 43 recital of delivery of, 121, 128 Index. 243 PROOF, by creditor? in subsequent bankruptcy, 40 PROPERTY, meaning of, 108 RECONVEYANCE, where assignment superseded by composition, 17 RECTIFICATION, of register, 160 REGISTER, under Deeds of Arrangement Act, form of, 159, 175, 231 inspection of, 162 rectification of, 160 REGISTRAR, who is, KiO REGISTRATION, avoiding necessity for, by parol agreement, 153 fees for, 165 in Ireland, 179 mode of, 155 not vitiated by subsequent signature of deed, 155, 157 supplemental deed of assignment of leaseholds, 155 under Bills of Sale Acts, when necessary, 30, 60 Deeds of Arrangement Act, 2, 52, 59, 155 in County Court, 163, 164 mode of, 155 rules regulating, 169 time for, 154, 156, 162 extension of, 160 under Land Charges Registration and Searches Act, 3, 194 unregistered deed, avoidance of, 154 RELEASE OF DEBTS, immediate, 34, 45 precedent of, 81, 98, 130 joint or separate, 94 n. on certificate of inspectors, 58 precedent of, 109, 119 official receiver or trustee in bankruptcy, 65 trustee and committee, 35 precedent of, 85, 93 on payment of composition, 45 precedent of, 122, 130 right to prove in bankruptcy after, 40 RESOLUTION, special, of creditors, under deed, 35 10—2 244 Index. RETURNS OF RKCilSTERED DEEDS, to be made to Board of Trade, 183 accounts accompanying, 183 affidavits, 187, 18i» fees, order as to, 103 forms, 188-1U2 rules, 185-188 form of, 188 rules as to, 185 REVOCATION, of deeds of assignment, 14-17 of assent, 24 RULES, under Bankru]itcy Acts, 187 Deeds of Arrangement Act, 169, 185 SALARY, clause for payment of, to persons employed, 79, 91, 97, 103, 115 trustee or inspector being an account- ant, 97, 103 when assignable, 33 SEARCH OF REGISTER, fee for, 163 n. in County Court, 164 n. SECRET PREFERENCE, 9, 48 SECURED CREDITORS, 4, 40 SECURITIES, reservation of rights as to, 40, 46 precedent of, 81, 94, 123 rule in bankruptcy as to valuing, 40 valuation of, 4, 40 SECURITY OP TRUSTEE, certificate of, 6, 226 cover note, 226 dispensing with, 5, 224 failure to give, 5 form of bond, 220 SEPARATE ESTATE, administration of joint and sc[iaratt; estates, 47, 92, 104 SHARES, assignment of, 32, 76 /'. SIGNING, after registration, does not vitiate registration or avoid deed, 155, 157 whether necessarj' to entitle creditor to benefit of arrangement, 21 STAMP DUTY, 158 Index. 245 STATUTOllY COMPOSITION OR SCHEME, after receiving order, 01 adjudication, ()1 amendment of, 69 annulling order of adjudication, 61, 199 annulment of scheme, 73, 145 aii]>roval by Court, 62 by majority of creditors, 62 deed of inspection, wliether preferable, 71 discharge of receiving order, 62, 203 discretion of Court, how guided, 63 distinction between composition and scheme, 61 n. effect of, approval of, 69 expunging jn'oof, 72 fees, 73 forms of, 142, 146 interest, 69 meaning of " reasonable security," 63 meeting of creditors, 62 misconduct of debtor, 66 must be reasonable, 64 payment into local bank, 72 proof of debts, 66 providing reasonable security for payment of 5s. in the £, 62 property included in, what, 67 reasonableness of arrangement, 64 refusal by Court, 62 when and how discretionary, 62 obligatory, 67 release, 65 remuneration of trustee, 72 statutory provisions as to, 195, 199 forms, list of, 205 rules, 201 what property included, 67 SURETIES, liabilitj^ not increased by subsequent assent, 22 reservation of rights against, 40, 46 precedent of, SI, 94, 117, 123 SURPLUS, debtor entitled to, 39 payment into Court of, y TIME, for assenting to deed, 4, 21, 24 executing composition, after agreement, 25 impeacliing deed, 20 registration, 154, 156, 162 extension t)f, 160 TRUSTEES, account hj, 7, 9, 29 appointment of new, 10, 82 audit of accounts, 7, 222 246 Index. TRUSTEES— coM^inttccZ. cannot refuse to \>^\ dividend to executing creditor, 24 costs of, 12, 2G duties of, 27 duty to ascertain validity of claim, 23 reserve dividend, 23 failing to transmit accounts, 9 liability for contracts, in carrying on business, oG liable to jiay, if notice of, cretUtor's claim, 24 new, appointment of, by court, 6, 10 power to ai)point, 82 personally liable to stamp T>oard of Trade return, if no assets, 29 l^osition of, when assignment superseded by bankruptcy, 25 deed proves invalid, 26 removal of, G, 3") proviso for, 83 remuneration of, 27, 28, 79, 91, 97 when may part with assets, 18 security to be given by, 5, 220 statement of trustees' accounts, 8, 229 statutory declaration by, as to assents of creditors, 224 us to dispensing with security, 224 VERIFICATION OF DEBTS, proviso for, 78, 90, lOG, 117 WAGES, must be paid, under statutory arrangement, 69, 143 provision for payment of, 38 PKINIKU BY WILLIAM CLOWES AND SONS, LIMITED, LONDON" AND BECCLES. v,^^ AA 000 758 329. 