The Court resumed the consideration of the application made last week on behalf of the debtor that his public examination be dispensed with, under Section 2, Subsection 2, of the Bankruptey Act of 1890.
Mr. H. P. Wilkinson appeared for Mr. Bennertz and Mr. H. Browett represented the ioning creditor.
Wilkinson—Since the last-hearing, Your Lordship, I have had s conference with Mr, Browett and he will lay reasons before you which he has gi me, why a certain form of order should be made and which he thinks will be acceptable to the Court.
Mr. Browett—May it please your Lordship. You will remember that I asked your Lordship at the last hearing to make an alternative order in this matter. I have now found a form of order which I will ask your Lordship to make. It is this; " That instead of the public examination of the debtor, the debtor be examined on oath at Shanghai, before the Registrary of this Court, on Friday the 27th May; 1898, at ten o'clock in the forenoon, or such' other time as having regard to' the condition of the debtor may be convenient, and that the official Receiver and Trustee, and Harold Browett and may be allowed to attend ion and take part theroin." The object of this alternative order ig to preserve our right to examine the debtor, and I submit to your Lordship that the result of the order will be to dispense with the public examination of the debtor, and so allow the application for the Court to approve the proposed scheme of arrangement. I may draw your Lordship's attention to the note opposite to the form. I have taken this form (Form 41 B) from Robson's Law and Practice in Bankrupted. which of course is the leadin authority. and you will see the words "an those authorised by the Court to attend." That means to say that no person other than those authorised by the Court can attend the examination. Therefore it is private examination and dispenses with the public examination, and the public examination having been dispensed with, the condition precedent to the application to the Court to approve the scheme of arrangement is I maintain swept awe; If your Lordship thinks that this eubstituted examination amounts practically to the same thing as public examination, and that such examination must be closed or concluded before this scheme can be entertained, then of course I should have no alternative but to withdraw my objection to my learned friend's application. But as I have already said, I submit that such an order can be made and that it will dispense with the public examination and allow the scheme to be proceeded with. You will find this form on page 1,114.
His Lordship—What do you say, Mr.
Mr, Wilkinson—I say that if form 41 B, may be taken as properly setting out the
Text read from the printed page and cleaned; old type leaves the occasional error.