hat the interest in
the property passed to the trustees on the execution of the deed. The same
rule applies to covenants to settle in consideration of marriage
future-acquired property in which the debtor had no interest at the date of
the marriage (other than property acquired by the bankrupt through his
wife), if such property is not actually transferred before the bankruptcy.
Executions by a creditor not completed at the date of the receiving order
are also void, and the proceeds of an execution in the hands of the sheriff
must, with certain exceptions and subject to deduction of costs, be handed
over to the trustee. But all property held by the bankrupt on trust, and
tools of trade, wearing apparel and bedding to a total value not exceeding
L20, are excluded from the property divisible among the creditors. With
respect to property acquired by the bankrupt, whether by gift or legacy, or
consisting of accumulations of business or other profits after the
commencement of the bankruptcy, and before he obtains his discharge, the
trustee's title also prevails; but bona-fide transactions by the debtor for
value, other than transactions relating to freehold property, appear to be
valid. Where the bankrupt is a beneficed clergyman the trustee may, subject
to certain provisions for the due discharge of the duties of the office,
apply for the sequestration of the profits of the benefice; and where he is
in receipt of a salary, income or pension, &c., the court may order any
part thereof to be paid to the trustee, but where he is an officer of the
army, navy or civil service, such order is only to be made with the consent
of the chief of the department concerned.
_Claims of Creditors and Dividends._
In the distribution of the debtor's property certain claims are entitled to
priority over others. Thus the landlord, although not entitled to a
preference out of the funds in the hands of the trustee, can distrain for
unpaid rent on the goods and effects of the debtor remaining on the
landlord's premises, but where the distraint is levied after the
commencement of the bankruptcy this right is limited by the act of 1890 to
six months' rent due before adjudication, the remainder of his claim
ranking for dividend with the claims of other creditors. Various gas and
water companies have also statutory powers of distraint under special acts,
but the policy of recent legislation has been to discourage any extension
of such privileges. Whe
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