JUDGMENT

Page, C J - In this reference the question propounded is:

When an insolvency has been annulled under the provisions of Section 43, Provincial Insolvency Act, and the receiver has, before the order of annulment, applied to the Court to have a transfer of property set aside under the provisions of Section 53 or Section 54 of the Act, has the Court jurisdiction after the order of annulment of the insolvency proceedings to continue the proceedings under Section 53 or Section 54 of the Act?

2. On 22nd June 1927 an order of adjudication was made against the debtor, It was further ordered that the insolvent must apply for his discharge on or before 22nd June 1928. Further time was granted until 21st January 1930, for the presentation of the application for discharge, but no application in that behalf was made by the insolvent within the period fixed by the Court and on 11th February 1930, on the application of the insolvent the Court annulled the adjudication under Section 43 of the Act, and under Section 37 directed "that the property of the insolvency be vested in the Official Receiver as from the date of annulment of the order of adjudication."

3. The effect of the order as the Co