HL Deb 20 March 1879 vol 244 cc1304-5

Amendments reported (according to Order).

THE LORD CHANCELLOR

said, that having considered the discussion on the 21st clause the other evening, he had prepared a new clause to be substituted for it, which he hoped would meet the views of his noble and learned Friend (Lord Selborne).

Clause 21 (Second General Meeting) struck out.

New Clause moved instead thereof—

In page 11, line 16, leave out from ("discharged") to ("If") in line 18, and insert, ("Provided always, that no such special resolution shall be passed until after the expiration of two months from the date of the provisional order; and upon an application to the court by any creditor of the debtor within one month after the filing of such special resolution, the court may (notwithstanding the special resolution) refuse to grant to the debtor an order of discharge, or suspend the same from taking effect for such time as it thinks fit, or grant the same subject to any condition or conditions touching any salary, pay, emoluments, profits, wages, earnings, or income which may afterwards become due to the debtor, and touching after acquired property of the debtor, upon proof being furnished to the court by any creditor of the debtor of any facts the proof of which would have entitled the court under this Act to refuse or suspend the order of discharge, or grant a conditional order of discharge if the debtor had been adjudged bankrupt. If no such application be made or proof furnished by any creditor within the above period of one month, the court shall at the expiration of such period grant to the debtor an absolute order of discharge. Every order of discharge granted under this section shall have the same effect as if it had been granted to a debtor adjudged bankrupt. Upon the passing of such special resolution the administration of the property of the debtor shall be proceeded with under the provisional order.")

Clause agreed to, and inserted in the Bill.

Amendment made, in Clause 39, as follows:—

In line 25 insert the following subsection:— (a.) "That the creditors of the bankrupt under the bankruptcy have not received, and on a proper estimate of the assets are not likely to receive, a dividend or dividends amounting in the whole to ten shillings in the pound, and that the insufficiency of his estate to pay such dividend has not been caused through any negligence or fraud of the trustee.

Bill to be read 3ª on Monday next.

House adjourned at Seven o'clock, till To-morrow, half past Ten o'clock.