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Section 61: Seizure of property of bankrupt

Bankruptcy Act · PART III: ADMINISTRATION OF PROPERTY

consolidated text (as at 2000). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

61. Seizure of property of bankrupt (1) Any person acting under warrant of the Court may seize any part of the property of a bankrupt in the custody or possession of the bankrupt, or of any other person, and with a view to such seizure, may break open any house, building or room of the bankrupt where the bankrupt is supposed to be, or any building or place of the bankrupt where any of his property is supposed to be; and where the Court is satisfied that there is reason to believe that books, papers or other property of the bankrupt is concealed in a house or place not belonging to him, the Court may, if it thinks fit, grant a search warrant to any constable or officer of the Court, who may execute it according to its tenor. (2) Where a bankrupt is in receipt of a salary, the Court, on the application of the trustee, shall make such order as it thinks just for the payment of any portion not exceeding one third of the salary to the trustee to be applied by him in such manner as the Court may direct. (3) In this section, “bankrupt” includes “debtor”.

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