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agreement with his creditors, or any person on their behalf, for the distribution, inspection, conduct, management, or winding-up of his affairs or estate, or the release or discharge of such debtor from his debts or liabilities, shall, within 28 days from and after the execution thereof by such debtor, or within such further time as the Court in London shall allow, be registered in the Court of Bankruptcy; and in default thereof shall not be received in evidence.
CXCV. No deed or instrument whatever required to be registered as aforesaid shall be registered unless in addition to the ordinary stamp duty it also be impressed with or have affixed to it a stamp denoting a duty computed at the rate of 5 shillings upon every £100, or fraction of £100, of the sworn or certified value of the estate or effects comprised in, or to be collected or distributed under, such deed or instrument: Provided, that the maximum of ad valorem duty payable in respect of any such deed or instrument shall be £200.
CXCVI. Every such deed, on being so registered as aforesaid, shall have a memorandum thereof written on the face of such deed, stating the day and the hour of the day at which the same was brought into the office of the Chief Registrar for registration.
CXCVII. From and after the registration of every such deed or instrument in manner as aforesaid, the debtors and creditors, and trustees, parties to such deed, or who have assented thereto or are bound thereby, shall in all matters relating to the estate and effects of such debtor be subject to the jurisdiction of the Court of Bankruptcy, and shall respectively have the benefit of and be liable to all the provisions of this Act, in the same or like manner as if the debtor had been adjudged a bankrupt, and the creditors had proved, and the trustees had been appointed creditors' assignees under such bankruptcy; and the existing or future trustees of any such deed or instrument, and the creditors under the same, shall as between themselves respectively, and as between themselves and the debtor and against third persons, have the same powers, rights, and remedies, with respect to the debtor and his estate and effects, and the collection and recovery of the same, as are possessed or may be used or exercised by assignees or creditors with respect to the bankrupt, or his acts, estate and effects in bankruptcy; and, except where the deed shall expressly provide otherwise, the Court shall determine all questions arising under the deed according to the law and practice in bankruptcy, so far as they may be applicable, and shall have power to make and enforce all such orders as it would be authorized to do if the debtor in such deed had been adjudged bankrupt, and his estate were administered in bankruptcy.
CXCVÍII. After notice of the filing and registration of such deed has been given as aforesaid, no execution, sequestration, or other process against the debtor's property in respect of any debt, and no process against his person in respect of any debt, other than such process by writ or warrant as may be had against a debtor about to depart out of England, shall be available to any creditor or claimant, without leave of the Court; and a certificate of the filing and registration of such deed under the hand of the Chief Registrar and the seal of the Court shall be available to the debtor for all purposes as a protection in bankruptcy.
CXCIX. In case any petition shall be presented for an adjudication in bankruptcy against a debtor after his execution of such deed or instrument as is hereinbefore described, and pending the time allowed for the registration of such deed or instrument, all proceedings under such petition may be stayed, if the Court shall think fit; and in case such deed or instrument shall be duly registered as aforesaid, the petition shall be dismissed.
CC. If a debtor cannot obtain the assent of a majority in number representing 3-4th in value of his creditors, by reason of his being unable to ascertain by whom bills of exchange, promissory notes, or other negotiable securities accepted, drawn, made, or endorsed by him are holden, or by reason of the absence of creditors in a Foreign Country, or other similar circumstances, it shall be sufficient if he obtain the consent of a majority in number representing 3-4ths in value of all his other creditors to such deed or instrument as aforesaid ; provided that notice shall have been inserted by or on behalf of the debtor in one or more newspapers published in the county or place at which he shall have carried on business immediately prior to the date of such deed or instrument, requiring his creditors to signify their assent or to dissent from such deed or instrument by notice in writing addressed to the trustee or trustees thereof within 14 days from the insertion of such notice, and that the affidavit or certificate of the trustee or trustees shall state the circumstances of the case, and the same shall be allowed by the Court, and provided the deed or instrument be in such form as is expressed in Schedule (D.) to this Act annexed, which shall vest all the estate and effects of the debtor in the trustees of such deed, and provided that all such other conditions are as hereinbefore required be duly complied with.
CCVI. A copy of any petition filed in this Court for the Relief of Insolvent Debtors in England, or in any Court having jurisdiction for the relief of insolvent debtors, or in bankruptcy, in any of Her Majesty's dominions, colonies, or dependencies, and of any vesting order, schedule, order of adjudication, or other proceedings, purporting to be signed by the officer in whose custody the same shall be or his deputy, certifying the same to be a true copy of such petition, vesting order, schedule, order of adjudication or other order or proceedings, and appearing to be sealed with the seal of such Court, shall at all times be admitted under this Act as sufficient evidence of the same, and of such proceedings respectfully having taken place, without any other proof whatever given of the same.
CCVII. Any affidavit, declaration, or affirmation required to be sworn or made in relation to any matter under this Act may be lawfully sworn :
1. In England, Scotland, and Ireland, before any Court acting in matters of bankruptcy, or before any Registrar or Taxing Master thereof, or before any Commissioner for administering oaths in Chancery or any of the Superior Courts of Common Law ai Westminster, or before any officer of the High Court of Chancery, duly authorized to administer oaths in such Court, or before a magistrate of the county, city, town, or place where any such affidavit shall be sworn :
2. In any Colony, Island, Plantation, or place under the dominion of Her Majesty, before any Court, Judge, or person lawfully authorized to take and receive affidavits, affirmations, or declarations :
3. In any Foreign Parts out of Her Majesty's dominions, before a Judge or Magistrate, his signature being authenticated by the official seal of the Court to which he is attached, or by a Public Notary, or before a British Minister, Consul, or ViceConsul :
And every such Court, Judge, Officer, or other person is hereby authorized and required to administer the oath upon any
such affidavit, or to take such affirmation or declaration; and all Courts, Judges, Justices, Commissioners, and persons acting judicially, shall take judicial notice of the seal or signature (as the case may be) of any such Court, Judge, Officer, or other person attached, appended, or subscribed to any such affidavit or declaration, or to any
other document to be used for the purposes of this Act, or of other Acts in relation thereto.
CCVIII. The Court of Bankruptcy in London, and the District Courts of Bankruptcy in England, are in like manner authorized and required to administer oaths, or to receive affirmations or declarations, upon any affidavit or declaration or affirmation to be used in any matter of bankruptcy or insolvency under prosecution or hereafter to be prosecuted in any Court in Scotland, Ireland, or in any Colony, Island, Plantation, or place under the dominion of Her Majesty; and all such Courts shall take judicial notice of any affidavit, declaration, or affirmation so sworn or made.
CCIX. No fee shall be payable on the swearing of any oath, or the making of any affirmation or declaration, taken or made in the London Court, or in any District Court of Bankruptcy, in any matter of bankruptcy, arrangement or insolvency, within the United Kingdom, or in any of Her Majesty's dominions, Colonies, or dependencies, and no fee or reward whatever shall be taken or received by any Court or Magistrate for or in respect of the taking of such oath, or the making of such affirmation or declaration, other than such fee or reward as General Orders shall allow,
As to the powers for mutual aid of the Courts in England and elsewhere:
CCXVI. The Court may direct the examination in Scotland of any person for the time being in Scotland, being a person believed to be capable of giving information in any matter in regard to the acts, estate, or dealings of any bankrupt or petitioner within the provisions of this Act, and the order for such examination may be directed in Scotland to the Sheriff of the county in which the person to be examined is residing, or happens to be for the time; and such Sheriff may, in like manner as in examinations in any matter in bankruptcy before such Sheriff, summon such person to appear before him, at a time and place to be specified in the summons, for examination
upon oath, as witness or haver, and to produce any books, papers, deeds, or documents called for, which may be in his possession or power; and the Sheriff may take such examination either orally or upon written interrogatories, and shall report the same in writing in the usual form to the Court, and shall transmit with such report either the original books, papers, deeds, or documents produced, or otherwise such copies thereof or extracts therefrom, authenticated by the Sheriff, as he shall think fit or deem necessary; and in case any person so summoned shall fail to appear at the time and place specified, or appearing shall refuse to be examined or to make the production required, the Sheriff shall proceed against such person, as a witness or haver duly cited, and failing to appear or refusing to give evidence, or make production, may be proceeded against by the law of Scotland; and the Sheriff shall be entitled to such and the like fees, and the witness shall be entitled to such and the like allowances, as are allowed to Commissioners under appointment from the Court of Session, and as witnesses and havers are entitled to in the like cases according to the law and practice of Scotland. If any objection be stated to the Sheriff by the witness, either on the ground of his incompetency as a witness, or as to the production required to be made, or on any other ground whatever, the Sheriff may dispose of such objection, or, if he think fit, report such objection to the Court, and suspend the examination of such witness until such objection has been disposed of by the Court.
CCXVII. The Court may, in like manner, direct any such examination, in Ireland, of any person for the time being in Ireland, being a person believed to be capable of giving such information in any matter under this Act; and such examination in Ireland may be directed by the Court of Bankruptcy in Ireland, which, for the purpose of such examination, and for the production of books, papers, deeds, or documents, shall have the liko powers and authorities in all respects as relates to matters within this Act as are in the next preceding section given to Sheriffs in Scotland, or as might be exercised by such Court in the case of a matter within its own jurisdiction.
CCXVIII. If any person who shall have been duly adjudged or declared bankrupt or insolvent in India, or any of the Foreign Dominions, Plantations, or Colonies of Her Majesty, shall be resident or shall be possessed of property in England, Ireland, or Scotland, or in any Colony, Plantation, or Foreign Possession of the Crown, it shall be lawful for the assignee, trustee, or other representative of the creditors of such bankript or insolvent to apply for and obtain an adjudication of bankruptcy, sequestration, or insolvency against such person in the Court of Bankruptcy in England, and in the proper Court in Scotland, Ireland, and such Colony, Plantation, or Foreign Possession of the Crown respectively, and by virtue thereof the same order and disposition shall be had and taken with respect to the person and property of the bankrupt or insolvent, as would have been if he had been originally adjudged bankrupt or insolvent by the Court or tribunal so applied to. Upon such application it shall not be necessary for the assignee, trustee, or other representative of the creditors of the person so declared bankrupt or insolvent as aforesaid to give proof of any act of bankruptcy or petitioning creditor's debt, or to produce any other evidence than a duly certified copy, under the seal of the Court, of the order or adjudication by which such person was found or adjudged bankrupt or insolvent.
cixix. Any order made by the Court, or by any Court in England, acting under this Act, in the course of the prosecution of any matter under this Act, shall be enforced in Scotland and Ireland in the Courts that would respectively have had jurisdiction in respect of such matter if the residence or place of business of the debtor had been situate in Scotland or Ireland, and in the same manner in all respects as if such order had been made by the Courts that are hereby required to enforce the same; and in like manner orders, interlocutors, and decrees made by any Court in Scotland for or in the course of any bankruptcy or insolvency shall be enforced in England and Ireland ; and orders made by the Court in Ireland for or in the course of
such proceedings shall be enforced in England and Scotland by the Courts of Bankruptcy which would respectively have had jurisdiction in any such matter, and in the same manner in all respects as if such order had been made by the Court required to enforce the same in the case of a matter within its own jurisdiction.
CCXX. The Court and the District Court in London, and the District Courts in the country, shall in like manner be auxiliary, for all purposes of proof of debt, and for the examination of persons and witnesses upon oath, or for other like purposes, to the Courts acting in matters of bankruptcy or insolvency in Scotland and in Ireland, and also to any Court acting in such matters in any Colony, Island, Plantation, or Place under the dominion of Her Majesty, or to any British Judge elsewhere so acting.