Discovery of bankrupt’s property.Discovery of bankrupt’s property.

### Discovery of bankrupt’s property. E.B.A., s. 25. N.S.W., ss. 30, 31. Vic., s. 222. Q., ss. 114–117. S.A., ss. 113–117. W.A., s. 25. Tas., ss. 89–91. 80.—(1.) The Court may, on the application of the trustee, or of any creditor who has proved (on such terms as to costs as the Court thinks fit to impose) at any time order— (a) the bankrupt or his wife, or, where the bankrupt is a married woman, her husband; or (b) any person known or suspected to have in his possession any of the estate or effects belonging to the bankrupt, or supposed to be indebted to the bankrupt, or to be able to give information respecting the bankrupt, his dealings or property, to attend before the Court, or before any other Court having jurisdiction in bankruptcy, or before any stipendiary or police magistrate, and to give evidence and produce any documents in his custody or power relating to the bankrupt, his trade dealings, property, or affairs. (2.) If any person so ordered to attend, after having been tendered a reasonable sum, refuses or fails to come before the Court or magistrate at the time appointed, or refuses or fails to produce any such document, having no lawful impediment thereto made known to the Court or magistrate at the time of sitting and allowed, the Court or magistrate may, by warrant, cause him to be apprehended and brought up for examination and may order him to pay the costs of the examination and arrest. (3.) The Court, magistrate, or official receiver, or trustee, or any creditor who has proved, may examine on oath, either vivâ voce or by written interrogatories, or as prescribed, any person so ordered to attend, concerning the bankrupt, his trade dealings, property, or affairs. (4.) Any person so ordered to attend shall, on his examination, be entitled to be represented by counsel who shall be entitled to re-examine that person after his examination in pursuance of the last preceding sub-section. (5.) If any person on examination before the Court or magistrate admits that he is indebted to the bankrupt, the Court or magistrate may, on the application of the trustee, or any creditor who has proved, order him to pay to the trustee, at such time and in such manner as the Court or magistrate thinks fit, the amount admitted, or any part thereof, either in full discharge of the whole amount in question or not, as the Court or magistrate thinks fit. (6.) If the bankrupt or any other person on examination before the Court or magistrate admits that he has in his possession any property of the bankrupt, the Court or magistrate may, on the application of the trustee, or any creditor who has proved, order him to deliver to the trustee the property, or any part thereof, at such time and in such manner, and on such terms as the Court or magistrate thinks just. (7.) Such notes of the examination as the Court or magistrate thinks proper shall be taken down in writing, and may, after being read over either to or by the person examined and signed by him, be used in evidence against him in any proceeding under this Act, and shall be open, at all reasonable times, to the inspection of the official receiver, the trustee, the bankrupt, or any creditor of the bankrupt, or the agent of any such person, without fee, and to the inspection of any other person, on payment of the prescribed fee. (8.) Any person who untruthfully states that he is the official receiver, the trustee, the bankrupt, or a creditor of the bankrupt, or the agent of any such person, and is allowed, by virtue of that statement, to inspect the notes of the examination without payment of the prescribed fee, shall be guilty of an offence. Penalty: Five pounds.