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BANKRUPTCY ACT 1914

BANKRUPTCY ACT 1914 - LONG TITLE

An Act to consolidate the Law relating to Bankruptcy.
[10th August 1914]
PART I

BANKRUPTCY ACT 1914 - SECT 25

25.(1) The court may, on the application of the official receiver
or trustee, at any time after a receiving order has been made
against a debtor, summon before it the debtor or his wife, or any
person known or suspected to have in his possession any of the
estate or effects belonging to the debtor, or supposed to be
indebted to the debtor, or any person whom the court may deem
capable of giving information respecting the debtor, his dealings or
property, and the court may require any such person to produce any
documents in his custody or power relating to the debtor, his
dealings or property.

(2) If any person so summoned, after having been tendered a
reasonable sum, refuses to come before the court at the time
appointed, or refuses to produce any such document, having no lawful
impediment made known to the court at the time of its sitting and
allowed by it, the court may, by warrant, cause him to be
apprehended and brought up for examination.

(3) The court may examine on oath, either by word of mouth or by
written interrogatories, any person so brought before it concerning
the debtor, his dealings, or property.

(4) If any person on examination before the court admits that he
is indebted to the debtor, the court may, on the application of
the official receiver or trustee, order him to pay to the official
receiver or trustee, at such time and in such manner as to the
court seems expedient, the amount admitted, or any part thereof
either in full discharge of the whole amount in question or not,
as the court thinks fit, with or without costs of the examination.

(5) If any person on examination before the court admits that he
has in his possession any property belonging to the debtor, the
court may, on the application of the official receiver or trustee,
order him to deliver to the official receiver or trustee such
property, or any part thereof, at such time, and in such manner,
and on such terms, as to the court may seem just.

(6) The court may, if it thinks fit, order that any person who if
in England would be liable to be brought before it under this
section shall be examined in ... Ireland, or in any other place
out of England.

Vesting and transfer of property.

BANKRUPTCY ACT 1914 - SECT 53

53.(1) Until a trustee is appointed, the official receiver shall be
the trustee for the purposes of this Act, and, immediately on a
debtor being adjudged bankrupt, the property of the bankrupt shall
vest in the trustee.

(2) On the appointment of a trustee, the property shall forthwith
pass to and vest in the trustee appointed.

(3) The property of the bankrupt shall pass from trustee to
trustee, including under that term the official receiver when he
fills the office of trustee, and shall vest in the trustee for the
time being during his continuance in office, without any conveyance,
assignment, or transfer whatever.

(4) The certificate of appointment of a trustee shall, for all
purposes of any law in force in any part of the British dominions
requiring registration, enrolment, or recording of conveyances or
assignments of property, be deemed to be a conveyance or assignment
of property, and may be registered, enrolled, and recorded
accordingly.

S.120(1) ext. to NI by 1920 c.67 s.18(2) and rep. by 1957 c.20
s.14 sch.4 Pt.I

Enforcement of orders of courts throughout United Kingdom.

BANKRUPTCY ACT 1914 - SECT 121

121. Any order made by a court having jurisdiction in bankruptcy in
England under this Act or any enactment repealed by this Act shall
be enforced in Scotland and Ireland in the courts having
jurisdiction in bankruptcy in those parts of the United Kingdom
respectively, in the same manner in all respects as if the order
had been made by the court hereby required to enforce it; and in
like manner any order made by a court having jurisdiction in
bankruptcy in Scotland shall be enforced in England and Ireland and
any order made by a court having jurisdiction in bankruptcy in
Ireland shall be enforced in England and Scotland by the courts
respectively having jurisdiction in bankruptcy in the part of the
United Kingdom where the orders may require to be enforced, and in
the same manner in all respects as if the order had been made by
the court required to enforce it in a case of bankruptcy within
its own jurisdiction.

BANKRUPTCY ACT 1914 - SECT 122
Courts to be auxiliary to each other.

122. The High Court, the county courts, the courts having
jurisdiction in bankruptcy in Scotland and Ireland, and every British
court elsewhere having jurisdiction in bankruptcy or insolvency, and
the officers of those courts respectively, shall severally act in
aid of and be auxiliary to each other in all matters of
bankruptcy, and an order of the court seeking aid, with a request
to another of the said courts, shall be deemed sufficient to enable
the latter court to exercise, in regard to the matters directed by
the order, such jurisdiction as either the court which made the
request, or the court to which the request is made, could exercise
in regard to similar matters within their respective jurisdictions.

BANKRUPTCY ACT 1914 - SECT 123
Warrants of bankruptcy courts.

123.(1) Any warrant of a court having jurisdiction in bankruptcy in
England may be enforced in Scotland, Ireland, the Isle of Man, the
Channel Islands, and elsewhere in His Majesty's dominions, in the
same manner and subject to the same privileges in and subject to
which a warrant issued by any justice of the peace against a
person for an indictable offence against the laws of England, may
be executed in those parts of His Majesty's dominions respectively,
in pursuance of the Acts of Parliament in that behalf.

(2) A search warrant issued by a court having jurisdiction in
bankruptcy for the discovery of any property of a debtor may be
executed in manner prescribed or in the same manner and subject to
the same privileges in and subject to which a search warrant for
property supposed to be stolen may be executed according to law.

Interpretation.

BANKRUPTCY ACT 1914 - SECT 167

167. In this Act, unless the context otherwise requires,

"The court" means the court having jurisdiction in bankruptcy under
this Act;

...

"Oath" includes affirmation, declaration, and attestation on honour;

...

"Property" includes money, goods, things in action, land, and every
description of property, whether real or personal and whether situate
in England or elsewhere; also obligations, easements, and every
description of estate, interest, and profit, present or future,
vested or contingent, arising out of or incident to property as
above defined;

...

"Trustee" means the trustee in bankruptcy of a debtor's estate.

BANKRUPTCY ACT 1914 - SECT 169
Short title and extent.

169.(1) This Act may be cited as the Bankruptcy Act, 1914.

(2) This Act shall not, except so far as is expressly provided,
extend to... Ireland.

Subs.(3) rep. by SLR 1927