A summons seeking leave to appeal filed before sequestration is an 'action' within s 60 of the Bankruptcy Act and is stayed upon bankruptcy until the trustee elects to prosecute or discontinue. A trustee's letter stating it 'does not propose to prosecute' is sufficient to constitute an election to discontinue under s 60(2), even without replicating the statutory language. A bankrupt has no standing to prosecute an appeal against a money judgment that constitutes a provable debt. Section 58(3)(b) does not require a creditor to obtain leave to bring a motion within proceedings commenced by the debtor/bankrupt.
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