THE NKRUPTCY ACT 1869 WITH THE' GENERAL RULES AND ORDERS h-p.roche&w.hazQtt CORNELL UNIVERSITY LIBRARY THIS BOOK IS ONE OF A COLLECTION MADE BY BENNO LOEWY I854-I9I9 AND BEQUEATHED TO CORNELL UNIVERSITY KD 21441870"" ""'""'"")' library ^ wSimfiE^ ^^": 'f"* Debtors , (SnrnFll ffilaui ^rlynnl Sjibtary The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017847231 THE BANKEUPTCY ACT, 1869 ; THE.DEBTOES ACT, 1869; THE INSOLYENT DEBTOTlS AND BANKRUPTCY EEPEAL ACT, 1869; TOGETHER WITH I THE GENERAL RULES AND ORDERS IN BiANKEUPTCT, AT COMMON I*A.W AND IN THE COUNTY COURTS. Itotcs, 3Sidttmtts, anB a fjerg fiCojitous Inljex. BY HENRY PHILIP^OGHE, Esq., WILLIAM ^HAZLITT, Esq., /3^^^^^ BAB^ISTEBS AT LAW, AKD BliQISTBASS 07 THE G0T7RT OF BAITKBVFTGY. «J LONDON: S STEYENS & HAYNES, -I BELL YARD, TEMPLE BAR. 1870. U o ( A^i&iv/o IXDNDON : BRADBURY, fiVAKS, AND CO., PRINTEHS, WHITSSFRIARS. PEEFACE. This Edition has been prepared with a view of assisting the Profession, Creditors, Trustees, and other persons who may be engaged in the admin- istration of the new Bankruptcy system. Most of the notes were necessarily prepared before the General Kules were signed, and it was therefore impracticable to make any reference in the body of the work to those Rules; but it is hoped that the elaborate character of the Index wiU more than supply this omission. TABLE OF CONTENTS. Bastkeuptct Act, 1869 . . . . .1 Bankedptct Eepeai and Insolvent Cooet Act, 1869 . 107 The DEBT0R3 Act, 1869 . . . . .121 Genebal Rdles and Oedeeis made in puesuancb of the Bankedptct Act, 1869 . . . . , 137 List op Foems ..... 189 Schbddle of Forms . . . . . 193 •Scale of Attorneys' Costs . . 280 Seals of Court . . . . . . 288 Scale of FUSs . . . - .288 Boles, Oedees and Foemb in the County Courts , . 293 Obdee Excluding Ceetain County Courts from Bank- ruptcy Jurisdiction ..... 309 REGULa: Gbnebaies, Michaelmas Teem, 1869, under The Debtors Act . . . . . . 323 Index ...-■■•- 329 TABLE OF CASES. AuEN V. Bennett, ^7 Alton «. Harrison, 77 Bass, Ex parte, in re Motion, 38 Batteley v. Stainsby, 39 Beeston, Ex parte, 80 — Isitt v., 77 Bell, Re, 80 BickerstaJf, tn re. Ex parte Roche, 7 Biddulph, In re. Ex parte Norris,39 Blencowe, Ex parte, S Bonnett, Allen 17., 77 Brett V. Jackson, 31 Broadhonse, In re and Ex parif, 54 Brooking, Ex parte, 39 Byrne, In re, 56 — Ex parte. In re Leighton, 80 Cadwalladeb, Ex parte. In re James, 39 Caldecott, Ex parte, 80 Calder i>. Halket, 51 Calthrop, Ex parte, 3 Gary v. Dawson, 31 Cazenove, Goldsinid v., 35 CUarke, Hopkins v., 72 Collier, Ex parte, 33 Collinge, Ex pa/rte. In re Holds- worth, 38 Cooper, Ex paHe, In re Duck- worth, 36 DARLiiraloN Banking Co., Ex parte. Re Baches, 38 bavies. Re, Ex parte Gleland, 37 Dawson, Gary v., 31 Dean, Re, Ex parte Smith, 35 Downes, Taafe v., 51 Drinkwater, Ex palrte and In re, 56 Duckworth, In re, Ex parte Cooper, 36 Dyke v. Taylor, 23 Ems, Ex parte. In re Henry, 7 Elmes, Ex parte. In re Hughes, 31 Feldman, Marks v., 77 Gee, Ex parte, 33 General Estates Go., In re, Ex. parte Hastie, 21 Goldsinid v, Cazenove, 35 Gouldwell, In re, Ex parte Squire, 3 Graham, Exparte, In re Grant, 38 Grant, In re. Ex parte Graham, 38 Greenwood, Ex parte. In re Monk & Brooks, 56 Grissell, Ex parte, 37 Halket, Calder v., 61 Hanson, Mitcalfe v., 32 Harrison, Alton v., 77 Hastie, Ex parte, In re General Estates Co., 21 Hawthorne, Ex parte, 6 Heilbut V. NeVill, 77 Henry, In re. Ex parte Ellis, 7 Hickin, Expa/rte, 33 Holdsworth, In re, Ex parte Col- linge, 38 Holtj Ex parte, 6 Homberg, Exparte, 33 Hopkins v. Clarke, 72 Hnghes, In re. Ex parte Elmes, 31 Inok, Parker v., 31 Isitt V. Beeston, 77 izon, Scott v., 39 vm TABLE OF CASES. Jaokson, Brett v., 31 James, In re, Ex pa/rte Cadwalla- der, 39 LmsHTON, 7» re, Exparle Byrne, 80 Levy & EobBon, In ve, Sx parte Topping, 38 Makes v. Feldman, 77 Martin's Patent Anchpr Co. v. Mor- ton, 23 Maude, Wright v., 80 Mendel, Ex parte, 7» re Moore, 28 Meredith, Trappes i>., 66 Mew V. Thorne, 3 Miller, Ex parte and In re, 56 Mitcalfe v. Hanson, 32 Monk & Brooks, In re. Ex parte Greenwood, 56 Moore, In re. Ex pa/rte Mendel, 28 Morris v. Duke of Newcastle, 90 Morton, Martin's Patent Anchor Co. ».,23 Motion, In re. Ex parte Bass, 38 Mndge v. Rowan, 30 Murray, Woodhouse v., 77 Neal, Ex parte, 33 — In re. Ex parte Page, 56 Nevill, Heilbut «., 77 Newcastle, Duke of, Morris v., 90 Newton, In re, 56 Nicholson, In re, Ex parte Eobin- son, 31 Norris, Ex parte. In re Biddnlph, 39 North East. Rail. Co., Oxlade v., 31 OvTEir, Riches v., 11 Ozlade -d. North East. Rail. Co,, 31 Pasb, Ex parte. In re Neal, 59 Parker ». Ince, 31 Petrie, Ex parte, In re Petrie, 37 Ponsford v. Walton, 3 Potts, In re, 56 R. V. Mary Robinson, 80 — V. Scott, 80 - Riches v. Owen, 11 — In re. Ex parte Darlington Banking Co., 38 Robinson, Reg. ■»., 80 — Ex parte, In re Nichol- son, 31 Roche, Ex parte. In re Bickerstaff, 7 Rowan, Mudge v., SO Rowlandson, Ex parte, 35 ScofT V. Izon, 89 — Reg. v., 80 Scott Russell, In re, 6 Smith, Ex parte. In re Dean, 35 Squire, Ex parte. In re Gouldwell, 3 Stainsby, Batteley v., 39 Stiff, Ex parte, 33 Taaje v. Downes, 51 Tasker, Exparte, In re Whitney, 39 Taylor, Dykei7., 23 Thome, Mew v. , 3 Topping, Ex parte. In re Levy & Robson, as Townsend's Case, ^Q Trappes «. Meredith, 66, Tucker, Warburg v., 23 Yak Hetthutsen, Exparte, 30 Walton, Ponsford v., 3 Warburg v. Tucker, 23 Wensley, Exparte, 3 Whitney, In re. Ex parte Tasker, 39 Woodhouse v. Murray, 77 Wright V. Maude, 80 Wyld, Exparte^ In re Wyld, 38 BANKRUPTCY ACT. 32 & 33 VICT. CHAP. 71. An Act to Consolidate and amend the law of Bankruptcy. [9ih August, 1869.] Whereas it is expedient to consolidate and amend the law relating to Bankruptcy: Be it enacted by the Queen's most Excellent Ma- jesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present ParUament assembled, and by the authority of the same, as follows : Freliminary. 1. This Act may be cited as "The Bankruptcy short title. Act, 1869." 2. This Act shall not, except in so far as is ex- Application of act. 1 pressly provided, apply to Scotland or Ireland. 3. This Act shall not come into operation until Commence-' ^^ ment of act. the first'day of January one thousand eight hundred and seventy, which date is hereinafter referred to as the commencement of this Act- ^ 1-3. certain terms in the act : " Court : ** Regis- trar :" " Pre- scribed " Property:' 2 BANKEUPTCY ACT, 1869. { 4, 5. 4. In this Act, if not inconsistent with the con- interpreta- text, the following terms have the meanings herein- after respectively assigned to them ; that is to say, "The Court" shall mean the Court having juris- diction in bankruptcy as by this Act pro- vided: " The registrar " shall mean the registrar of " the Court " as above defined: " Prescribed " shall mean prescribed by rules of Court, to be made as in this Act provided : " Property " shall mean and include money, goods, things in action, land, and every description of property, whether real or personal; also, obligations, easements, and every description of estate, interest, and profit, present or future, vested or contingent, arising out of or incident to property as above defined : " Debt provable in bankruptcy " shall include any debt or liability by this Act made provable in bankruptcy: "Person" shall include a body corporate: "Trader" shall, for the purposes of this Act, mean the several persons in that behalf men- tioned in the first schedule to this Act an- nexed. Exclusion of 5. A partnership, association, or company corpo- corapanies . , ^ J ir and large rate, or registered under "The Companies Act pai-tner- o£?r» sj i n i ships. 1862, shall not be adjudged bankrupt under this Act. ' Debt ; ' Person ;' ' Trader.' PART I. ADJUDICATION OF PROPERTY. 3 PART I. Adjudication and Vesting of Property. Adjudication. 5 6. 6. A single creditor, or two or more creditors if petiUon for the debt due to such single creditor, or the aggregate ^.<3J"dioa- amount of debts due to such several creditors, from bankruptcy. any debtor, amount to a sum of not less than fifty pounds, may present a petition to the Court, praying that the debtor be adjudged a bankrupt and alleging as the ground for such adjudication any one or more of the following acts or defaults, hereinafter deemed to be and included under the expression " acts of bankruptcy:" * (1.) That the debtor has, in England or elsewhere, made a conveyance or assignment of his property to a trustee or trustees for the benefit of his creditors generally :f (2.) That the debtor has, in England or else- where, made a fraudulent conveyance, gift, dehvery, or transfer of his property or of any part thereof : (3.) That the debtor has, with intent to defeat or delay his creditors, done any of the follow- ing things, namely, departed out of Eng- land, or being out of England remained out of England; or being a trader departed from his dwelling-house, or otherwise ab- sented himself; or begun to keep house; or suffered himself to be outlawed: * In Ex parte Calthrop, 37 Law J. (ir. s.) Bankr. 13, Lord ■Cairns held that a corporation (the Agra Bank) may properly be a petitioning creditor. + To constitute a valid act of bankruptcy the deed making the conveyance or assignment need not be stamped. In re Qould- well ex parte Squire, 38 Law J. (s. a.) Bankr. ] 3. In Pons- ford\. Walton, 37 Law J. Kep. (ir. s.), C. P. 113, the Court said, "With regard to the stamp it is not necessary that the deed should be stamped when it is used, not for the purpose of showing that it is a good deed, but a bad deed." See also In re Mew V, Thome, 5 Law Times (w. s.), 435, and Ex parte Wensley, 1 De Gex, Jones & Smith 273 :— B 2 . BANKKUPTCY ACT, 1869. § 6. (4.) That the debtor has filed in the prescribed. manner in the Court a declaration admit- ting his inability to pay his debts: (5.) That execution issued against the debtor on any legal process for the purpose of ob- taining payment of not less than fifty pounds has in the case of a trader been levied by seizure and sale of his goods:* (6.) That the creditor presenting the petition has served in the prescribed manner on the debtor a debtor's summons requiring the debtor to pay a sum due, of an amount of not less than fifty pounds, and the debtor being a trader has for the space of seven days, or not being a trader has for the space of three weeks, succeeding the ser- vice of such summons, neglected to pay such sum, or to secure or compound for the same.-f * The corresponding section of the Act of 1861 (s. 73), pro- vided as follows : "If any execution shall be levied by seizure and sale of aijy of the goods and chattels of any trader debtor, npon any judgment, recovered in any action personal, for the recovery of any debt or money demand exceeding 501., every snch debtor shall be deemed to have committed an act of bank- ruptcy, from the date of the seizure of such goods and chattels." The words in the Act of 1869 are, "any legal pro- cess for the purpose of obtaining payment of not less than 501." Will these words include damages for tort, &c. ? Under sect. 7-S of the Act of 1861, the Court required evi- dence to be given of every step taken in the action from the issue of the writ to the judgment, the levying of execution and the sale ; and for this purpose the necessary documents were produced and marked as exhibits ; and the sherifi's officer and other necessary parties examined. Under par. 5, s. 6, of the new Act, similar evidence as to every step taken ' ' in any legal process for the purpose of obtaining payment of not less than 501." will no doubt be required to be verified in the same manner. + This proceeding, like that under the Trader Debtor Sum- mons sections of the Act of 1849, and the Judgment Debtor Summons sections of the Act of 1861, for which it is a substitute, will be the only means by which a creditor can obtain an adju- dication, if the debtor has not committed some one or more of the fire other acts of bankruptcy mentioned in this section. PART I. ADJUDICATION OF PKOl'EETT. But no person shall be adjudged a bankrupt on ^ e. any of the above grounds unless the act of bankruptcy -\ — 7 ■on which the adjudication is grounded has occurred Hoi" "■" within six months before the presentation of the petition for adjudication; moreover, the debt of the petitioning creditor must be a liquidated sum due at law or in equity, and must not be a secured debt, unless the petitioner state in his petition that he will be ready to give up such security for the benefit of the creditors in the event of the debtor being adju- dicated a bankrupt, or unless the petitioner is willing to give an estimate of the value of his security, in "which latter case he may be admitted as a petition- ing creditor to the extent of the balance of the debt ■due to him after deducting the value so estimated, but he shall, on an apphcation being made by the trustee within the prescribed time after the date of adjudication, give up his security to such trustee for the benefit of the creditors upon payment of such estimated value.* * Moreover, the debt of tte petitioning creditor must be a liquidated sum dne at la'w or in equity. Tliese -words introduce -a very great change in the la'w of bankruptcy, and it has been remarked by an ejninent authority on the subject, Mr. Edward Lawrance, that, " the law as it now stands, and as it has stood since 5th Greo. 2, enables a creditor to petition in respect of a ■debt not due, provided tjie debtor has committed an act of bankruptcy; in other -words, that the committal of an act •of bankruptcy matures every debt." Section 91 of the bank- rupt La-w Consolidation Act, 1849, contains the following pro- vision which has been repealed : " And every person who has given credit to any trader upon valuable consideration for any sum payable at a certain time, which time shall not have arrived when such trader committed an act of bankruptcy, may so petition or join in petitioning, whether he shall have had any security in writing for such sum or not." Mr. Law- rance adds, "Cat here divers acts of bankruptcy are enu- merated, so that creditors cannot tak? advantage of any one of them, if the debt is not due." The effect of this alteration was pointed out during the progress of the measure through Parliament, and in the select committee of the Ijords an iittempt was made to maintain the rules which had previously ■existed. The committee divided, and there being six in favour «f the alteration and five against it, the section was passed in its present form. The majority, it is believed, were influenced 6 BAiJKRUrTCY ACT, 1869. 5 7 7. A debtor's summons may be granted by tlie- '- — Court on a creditor proving to its satisfaction that a Proceedmgs ^g|jj sufficient to support a petition in bankruptcy SadebWs is due to bim from the person against whom the summons. gmuj^Qug jg sought, and that the creditor has failed to obtain payment of his debt, after using reasonable efforts to do'so. The summons shall be in the pre- scribed form, resembling, as nearly as circumstances admit, a writ issued by one of Her Majesty's supe- rior courts. It shall state that in the event of the debtor faihng to pay the sum specified in the sum- mons, or to compound for the same to the satis- faction of the creditor, a petition may be presented against him, praying that he may be adjudged a bankrupt. The summons shall have an endorse- ment thereon to the like effect, or such other pre- scribed endorsement as may be best calculated to indicate to the debtor the nature of the document served upon him, and the consequences of inatten- tion to the requisitions therein made. Any debtor served with a debtor's summons may apply to the Court, in the prescribed manner and within the prescribed time, to dismiss such summons^ on the ground that he is not indebted to the creditor serving such summons, or that he is not indebted to- by the notion that it -would be unfair to make non-traders bankrupt in respect of a debt not actually due. Another im- poi-tant alteration has been made by the abrogation of the rule ■which has so long prevailed in bankruptcy, viz., that "the- petitioning creditor's debt must be a legal debt and not merely an equitable one:" Ex parte Bavithome, Mont. 132 ; Exr parte Holt, 2 Mont. & A, 662 ; Ex parte BUncowe, 35 Law J. Kep. (N.s.)Bankr. 18. Inre Scott Eussell,Sl La-w J.Eep. (w. s. ),Bankr. 37, the Lords Justices observed that : " It is an objectionable, or at least aa inconvenient mode of proceeding, and one not deserving of en- couragement, to found a petition for adjudication upon a dis- puted balance of a complicated diversity of cross-demands and unsettled accounts." It is therefore visual to examine the pe- titioning creditor to ascertain -whether he has any set-off or cross demand ; and this -will be more necessary now that any- number of creditors may join in petitioning for adjudication, provided that the aggregate of their several debts amounts to- not less than fifty pounds. PART I. ADJUDICATION OF PEOPERTY. 7 such amount as will justify such creditor in present- « g. ing a bankruptcy petition against him; and the Court may dismiss the summons, with or without costs, if satisfied with the allegations made by the debtor, or it may, npon such security (if any) being given as the Court may require for payment to the creditor of the debt alleged by him to be due, and the costs of establishing such debt, stay all pro- ceedings on the summons for such time as will be required for the trial of the question relating to such debt: Provided that when the summons shall have issued from the London Court of Bankruptcy, such trial shall be had either before such Court or before any other Court of competent jurisdiction, and when the summons shall have issued from a county court, before such Court in all cases in which it has now jurisdiction, and in all other cases before some com- petent tribunal.* 8. A petition praying that a debtor may be ad- Proceedings judged a bankrupt, in this Act referred to as a bank- °" ?'=''*"'"■ ruptcy petition, shall be served in the prescribed * This section is introduced practically to supersede the trader debtor summons sections of the Bankrupt Law Consolidation Act, 1849, and the judgment debtor sections of the Bankruptcy Act, 1861 . In the interpretation of the trader debtor summons sec- tions» the Court of Appeal in Chancery, sitting in bankruptcy, relaxed many of the merely technical rules which had been followed by the Commissioners. (In £x parte Jtocfie in re Bickerttaff, 37 Law J. Kep. (n. 3.) Bankr. 16, the Court of Appeal held "that a creditor's usual signature to particulars of demand is sufficient, notwithstanding the 68th Order in Bank- ruptcy (1852), which required the particulars of demand and the notice to be signed by or in the christian name and surname of the persons making the demand. In this particular instance the creditor signed only with the initials of his christian names prefixed to his surname. In Ex -parte Ellis re Henry, 3 Law J., Notes of Cases, 1J3, the question was this : By the 77th of the rules and orders (1852), under the Bankrupt Law Consolidation Act, 1849, a trader debtor summons should be served between 9 a.m.. and 9 p.m. It was served, however, in this instance at 8.45 A.K., and was objected to by the debtor. The Lords Justices on appeal held "that the matter was not one of substance, and that the service was good ;" Lord Cairns, in fact, remarking that "the service was only too good." BANKEUPTCT ACT, 1869. } 8. maimer.* At the hearing the Court shall require '- — proof of the deht of the petitioning creditor, and of the trading, if necessary, and of the act of bank- ruptcy, or, if more than one act of bankruptcy is alleged in the petition, of some one of the alleged acts of bankruptcy, and, if satisfied with such proof, shall adjudge the debtor to be bankrupt. t The * As the tantruptcy petition must te served npou the debtor, the adjudication will not be, as previously, when a creditor petitioned, made ex parte, leaving the debtor .to his right of subsequently disputing the adjudication. t "The Court shall require proof of the debt of the peti- tioning creditor and of the trading, if necessary, and of the act of bankruptcy." — Sect. 100 of the Bankrupt Law Conso- lidation Act, 1849, provided that hefore adjudication the Court may summon before it any person whom such Court shall believe capable of giving any information concerning the trading of or any act of bankruptcy committed hy the person against whom any petition or adjudication of bankruptcy had been filed, and may require any person so summctaed to produce any books, papers, deeds, &c., in his custody, possession, or power, which may appear to the Court to be necessary to establish such trading or act of bankruptcy ; and it shall be lawful for the Court to examine any such person upon oath, by word of mouth, &c., concerning such trading and act of bankruptcy. No ooiTesponding provision has been introduced into the Act of 1869 ; and it is presumed that when a witness is required to attend to prove the trading or an act of bankruptcy, a writ of sabpoena will be issued to compel the attendance of the witness in the same manner as provided by sect. 94 of the Common Law Procedure Act, 16 & 16 Vict. cap. 76, which provides that in certain inquiries directed by the judge, "the attendance of witnesses and the production of documents before the master may be compelled by subpojna in the same manner as before a jury upon a writ of inquiry." The chief judge in bankruptcy by sect. 65 of the Act of 1 8 69, is invested ' ' with all the powers, jurisdiction, and privileges possessed by any judge of her Alajesty's Superior Courts of Common Law at Westminster, or of any judge of her Majesty's High Court of Chanefery," and consequently can compel the attendance of a witness by means of a subpcena issuing out of his Court. Sect. 100 of the Bank- rupt Law Consolidation Act, 1 849, did not specify the penalty to which a person would be subjected for disobeying the summons of the Court. Sect. 120 ot the same Act empowers the Court after adjudication, to grant a summons for the examination of persons suspected of having bankrupt's property, &o., and if the person so summoned does not attend, having no lawful im- pediment, allowed by the Court, a warrant may be issued for liis PART I. ADJUDICATION OF PEOPERTY. 9 Court may adjourn the petition, either conditionally j 9. or unconditionally, for the procurement of further evidence, or for any other just cause, or may dismiss the petition, with or without costs, as the Court thinks just. 9. "Where the debtor appears on the petition. Proceedings and denies that he is indebted to the petitioner, or petMoning that he is indebted to such amount as would justify creditor ib the petitioner in presenting a bankruptcy petition -against him, the Court, upon such security (if any) being given as the Court may require, for payment to the petitioner of any debt which may be esta- blished against him in due course of law, and of the costs of establishing such debt, may stay all pro- ceedings on the petition for such time as may be required for trial of the question relating to such debt, and such trial shall be had in manner herein- before provided vnth respect to disputed debts under debtors summonses. Where proceedings are stayed the Court may, if by reason of the delay caused by such stay of pro- ceedings or for any other cause it thinks just, ad- judge the debtor a bankrupt on the petition of some apprehension. If a witness, under sect. 100, refused to attend, and as tbe statute provided no specific penalty for the offence, no doubt the Court could have enforced its authority by attach- ment, and a precisely similar result for non-attendance would follow, -where a party neglected to attend upon a subpoena to prove trading, or an act of bankraptoy, to produce deeds, do- cuments, &c., which may appear necessary to establish such trading or act of bankruptcy, under sect. 8 of the Bankruptcy Act, 1869. No difficulty with respect to summoning witnesses can arise in the county courts, as those tribunals possess ample power for that purpose. Sect. 85, 9th & 1 0th Vict. cap. 95, enacts • "that either of the parties to the suit or any other proceedmg under this Act, may obtain, at the . office of the clerk of the court summonses to witnesses, &c., with or without a clause re- quiring the production of books, deeds, papers, and writings in their possession or control. " The presentation of a petition praying that a debtor maybe adjudged bankrupt will constitute aproceeding within the section just cited, and a petitioning creditor, and a proposed bankrupt, before the adjudication has been made absolute, will, it ia presumed, be the parties en- titled under the section to summon witnesses. 10 BAKKEUPTCY ACT, 1869. § 10—12 other creditor, and shall thereupon dismiss, upon such '■ terms as it thinks just, the petition proceedmgs in which have been stayed as aforesaid. AdTerti.se- 10. A copy of ari order of the Court adjudging Sder of tlie debtor to be bankrupt shall be pubhshed m the adjudi^a- London Gazette, and be advertised locally m such *'°°- manner (if any) as may be prescribed, and the date of such order shall be the date of the adjudication for the purposes of this Act, and the production of a copy of the Gazette containing such order as afore- said shall be conclusive evidence in all legal proceed- ings of the debtor having been duly adjudged a bankrupt, and of the date of the adjudication. Definition of n. The bankruptcy of a debtor shall be deemed mT^lT^ to have relation back to and to commence at the bankruptcy, (.jjjjg gf ^he act of bankruptcy being completed on which the order is made adjudging him to be bank- rupt; or if the bankrupt is proved to have committed more acts of bankruptcy than one, to have relation back to and to commence at the time of the first of the acts of bankruptcy that may be proved to have been committed by the bankrupt within twelve months next preceding the order of adjudication; but the bankruptcy shall not relate to any prior act of bankruptcy, unless it be that at the time of com- mitting such prior act the bankrupt was indebted to some creditor or creditors in a sum or sums sufficient to support a petition in bankruptcy, and unless such debt or debts are still remaining due at the time of the adjudication. Creditors 12. Where a debtor shall be adjudicated a bank- boundby^ rupt, no creditor to whom the bankrupt is indebted proeeeding.s. in respect of any debt provable in the bankruptcy shall have any remedy against the property or person of the bankrupt in respect of such debt except in manner directed by this Act. But this section shall not affect the power of any creditor holding a secu- rity upon the property of the bankrupt to realize or otherwise deal with such security in the same man- ner as he would have been entitled to realize or deal with the same if this section had not been passed. PART I. ADJUDICATION OF PKOPBErY. 11 13. The Court may, at any time after the presen- s 13 i4_ tation of a bankruptcy petition against the debtor. restrain further proceedings in any action, suit, exe- Court^ after cution, or other legal process against the debtor in Son™'"" respect of any debt provable in bankruptcy, or it petition, to may allow such proceedings, whether in progress at 8uit™to!., the commencement of the bankruptcy or commenced and appoint during its continuance, to proceed upon such terms as the Court may think just. The Court may also at any time after the presentation of such petition appoint a receiver or manager of the property or business of the debtor against whom the petition is presented, or of any part thereof, and may direct immediate possession to be taken of such property or business, or any part thereof.* Appointment of Trustee. 14. When an order has been made adjudging a Meeting ot debtor bankrupt, herein referred to as an order o{<^e^^^i°^ adjudication, the property of the bankrupt shall be- ment of come divisible amongst his creditors in proportion to admMstei- the debts proved by them in the bankruptcy; and for ^™i^™p''s the purpose of effecting such division the Court shall, ^^""^"^ as soon as may be, summon a general meeting of his creditors, and the creditors assembled at such meet- ing shall and may do as follows : (1.) They shall, by resolution appoint some fit person, whether a creditor or not,f to fill the * The power of appointing a receiver or manager at any time after the presentation of a bankruptcy petition has been adopted from the practice of the Court of Chancery. In the case of Riches v. Owen, 3 Law J., Notes of Cases, 147, Lord Justice GifFard, when Vice-Chancellor, said, " that it ap- peared to him that in general the Court of Chancery had no jnrisdiction to administer estates under inspectorship deeds, and that this duty was imposed upon the Court of Bankruptcy ex- clasively. But be thought the Court of Bankruptcy had no power to appoint a receiver, and he therefore should grant the motion, provided the plaintiffs agreed to submit to any order the Court might make as to transferring the assets received into the control of the Court of Bankruptcy." + "Whether a creditor or not." It was originally proposed that the trustee should necessarily be a creditor ; but it was 12 BAl^KKUPTCY ACT, 1869. § 14. office of trustee of the property of the hank- rupt, at such remuneration as they may from time to time determine, if any ; or they may resolve to leave his appointment to the com- mittee of inspection hereinafter mentioned: (2.) They shall, when they appoint a trustee, by resolution declare what security is to be given, and to whom, by the person so appointed, before he enters on the office of trustee:* (3.) They shall, by resolution, appoint some other fit persons, not exceeding five in number, and being creditors qualified to vote at such first meeting of creditors as is in this Act men- tioned, or authorised in the prescribed fbim urged in the House of GommoDS, that such a, provision would exclude solicitors and professional accountants — persons usually supposed to be well qualified to undertake the management of bankrupt estates — and the clause was ultimately passed in its present shape. The business of baakruptey in Scotland is mainly conducted by a trustee, who is a chartered accountant, namely, a person, who, having served under articles in the pfficeof a char- tered accountant, and having passed a satisfactory examination in accounts and the principles of commercial law, has himself been admitted a member of the Chartered Society at Edinburgh. The establishment of a similar society in this country is a matter well worthy of consideration. Where a solicitor is appointed by the creditors to the office of trustee, " he may con- tract to be paid a certain sum by way of per-centage or other- wise, as a remuneration for his services as trustee, including all professional services, and any such contract shall, notwithstand- ing any law to the contrary, be lawful." (Sect. 29, Bankruptcy Act, 1869.) This is the first recognition by the legislature of the principle embodied in a bill introduced by Lord Westbury, when Chancellor, to enable an agreement to be made between a solicitor and client for the transaction of particular business for a fixed and settled sum. May not, however, the system of per- centages, &o., provoke a kind of competition for trusteeships in which one professional gentleman will canvass the creditors, and by the cheapness of his per-centage endeavour to out-bid all competitors. As to "conduct of trustee" and appeal against trustee, see sect. 20 of the Bankruptcy Act, 1869 ; and "as to powers of trustees to deal with property," see sect. 25 Bankruptcy Act, 1869 ; and as to "regulation as to trustees, &c.," see sect. S3, Bankruptcy Act, 1869. * Can the creditors under these words resolve that no secu- rity whatever shall be given by the creditors' trustee ? See also sect. 18, Bankruptcy Act, 1809. PAET I. ADJUDICATION OF PEOPERTY. 13 by creditors so qualified to vote, to form a § 15. committee of inspection for the purpose of -^ — — superintending the administration by the trustee of the bankrupt's property: (4.) They may, by resolution, give directions as to the manner in which the property is to be administered by the trustee, and it shall be the duty of the trustee to conform to such directions, unless the Court for some just cause otherwise orders. _ 15. The property of the bankrupt divisible amongst Desorip- his creditors, and in this Act referred to as the pro- ^^SL-u' f perty of the bankrupt, shall not comprise the follow- property ing particulars: ^^^ (1.) Property held by the bankrupt on trust for "editors. any other person : (2.) The tools (if any) of his trade, and the neces- sary wearing apparel and bedding of him- self, his wife and children, to a value, in- clusive of tools and apparel and bedding, not exceeding twenty pounds in the whole: But it shall comprise the following particulars : (3.) All such property as may belong to or be vested in the bankrupt at the commence- ment of the bankruptcy, or may be acquired by or devolve on him during its continu- ance: (4.) The capacity to exercise and to take proceed- ings for exercising all such powers in or over or in respect of property as might have been exercised by the bankrupt for his own benefit at the commencement of his bankruptcy or during its continuance, except the right of nomination to a vacant ecclesiastical benefice : (5.) All goods and chattels being at the com- mencement of the bankruptcy, in the pos- session, order, or disposition of the bank- , rupt, being a trader, by the consent and permission of the true owner, of which goods and chattels the bankrupt is reputed 14 BANKRUPTCT ACT, 1869. ), ]g_ owner, or of which he has taken upon him- • self the sale or disposition as owner ; pro- vided that things in action, other than debts due to him in the course of his trade or business, shall not be deemed goods and chattels within the meaning of this clause.* Eoguiations 16. The general meeting of creditors to be sum- meltingof moned'as aforesaid by the Court, and in this Act oieditors. referred to as the first meeting of creditors, shall be held in the prescribed maimer and subject to the prescribed regulations as to the quorum, adjournment of meeting, and all other matters relating to the conduct of the meeting or the proceedings thereat. Provided that, (1.) The meeting shall be presided over by the registrar, or, in the event of his being unable to attend through illness or any unavoidable cause, by such chairman as the meeting may elect : (2.) A person shallnot be entitled to vote as a cre- ditor unless at or previously to the meeting he has in the prescribed manner proved a debt provable under the bankruptcy to be due to him : * Section 125 of theBankrupt Law Consolidation Act, 1849, with regard to order and disposition, enacted as follows : "That if any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his pos- session, order or dispusition, any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale alteration or disposition as owner, the Court shall have power to order the same (o be sold and disposed of for the benefit of the creditors under the bankruptcy." It is perhaps to be re- gretted that these words were not literally reproduced in the new Act, as they have formed the subject of a multitude of decisions which have established principles and rules lone recognised as settled law, and the change in the language which has been introduced may lead to another series of decisions not more valuable than those which have been superseded. The Court as heretofore will make the order directing the goods and chattels to be sold as being " in the possession, order or dis- position of the bankrupt; but the trial of the right to the goods, &c., if disputed, may be before the Chief Judge, either wrth or without a jury. (Section 72 of the Bankru|tey Act, PART I. ADJUDICATION OF PBOPERTY. 15 <3.) A creditor shall not vote at the said meeting i ie_ in respect of any unliquidated or contingent — debt, or any debt the value of which is not ascertained: (4.) A secured creditor shall, for the purpose of voting, he deemed to be a creditor only in respect of the balance (if any) due to him after ^ deducting the value ot\his security; and the amount of such balance shall, until the secu- rity be reaUzed be determined in the pre- scribed manner. He may, however, at or previously to the meeting of creditors, give up the security to the trustee, and thereupon he shall rank as a creditor in respect of the whole sum due to him : (5.) A "secured creditor" shall in this Act mean any creditor holding any mortgage, charge, or lien on the bankrupt's estate, or any part thereof, as security for a debt due to him : (6.) Votes may be given either personally or by proxy : (7.) An ordinary resolution shall be decided by a majority in value of the creditors present per- sonally or by proxy at the meeting and voting on such resolution: (8.) A special resolution shall be decided by a ma- jority in number, and three-fourths in value, of the creditors present personally or by proxy at the meeting and voting on such resolution.* * " The meeting shall be presided over by the registrar." By sect. 17 of the Bankruptcy Act, 1869, it is provided that the registrar, until a trustee is appointed, shall be the trustee for the purposes of this Act. As such trustee the registrar will administer oaths and will decide all questions of proof of debt, for the purpose of ascertaining whether the requirements in par. 2, sect. 16, of the Bankruptcy Act, 1869, have been complied with, viz., that the creditor "has, in the prescribed manner, proved a debt provable under the bankruptcy to be due to him" — as a condition precedent to his voting in the choice of a creditor's trustee. The language of the Act, with respect to the duties of trustee is occasionally ambiguous. By sect. 25, the trustee 's empowered to receive and decide upon proof of 16 BANKRUPTCY ACT, 1869. § 17, 18. 17. Until a trustee is appointed the registrar shall r — — — be the trustee for the purposes of this Act, and im- of property mediately upon the order of adjudication being made on trustee, the property of the bankrupt shall vest in the regis- trar. On the appointment of a trustee the property shall forthwith pass to and vest in the trustee ap- pointed. The expression " trustee " vphen used in this Act, shall include the person for the time being filling the office of trustee, whether he be the registrar or not; but when the registrar holds the office of trustee he shall, unless the Court otherwise orders, in the ad- ministration of the property of the bankrupt, apply to the Court for directions as to the mode of admi- nistering such property, and shall not take posses- sion thereof unless directed by the Court. Evidence of 18. The appointment of a trustee shall be reported menUit to the Court, and the Court, upon being satisfied trustee. that the requisite security has been entered into by him, shall give a certificate declaring him to be trustee of the bankruptcy named in the certificate, and such certificate shall be conclusive evidence of the appointment of the trustee, and such appoint- ment shall date from the date of the certificate. "When the registrar holds the office of trustee, or when the trustee is changed, a like certificate of the Court may be made declaring the person therein named to be trustee, and such certificate shall b& conclusive evidence of the person therein named being trustee. debts, and for such purpose to administer oaths. Sect. 17 enacts that "the expression ' trustee,' when used in this Act shall include the person for the time being filling the office of trustee, whether he be the registrar or not." In the former section a trustee elected by the creditors is evidently intended; but, taking both sections together, there can be no doubt that at the first meeting the registrar will have to decide all ques- tions of proof, otherwise this result would seem to follow, — that there would be no person to decide upon the right of the persons to vote in the choice of the creditors' trust^p. PART II. ADMINISTRATION OF PROPERTY. ]7 PAET II. Administration of Property. General Frovisions affecting Administration of Property. 19. The bankrupt shall, to the utmost of his H^S^O. power, aid in the realization of his property, and the Conduct of distribution of the proceeds amongst his creditors. ''™'^™Pt- He shall produce a statement of his aifairs to the first meeting of creditors, and shall be publicly ex- amined thereon on a day to be named by the Court, and subject to such adjourned pubUc examination as the Court may direct. He shall give such inventory of his property, such list of his creditors and debtors, and of the debts due to and from them respectively, submit to such examination in respect of his pro- perty or his creditors, attend such meetings of his creditors, wait at such times on the trustee, execute such powers of attorney, conveyances, deeds, and instruments, and generally do all such acts and things in relation to his property and the distribu- tion of the proceeds amongst his creditors, as may be reasonably required by the trustee, or may be pre- scribed by rules of Court, or be directed by the Court by any special order or orders made in reference to any particular bankruptcy, or made on the occasion of any special application by the trustee or any creditor. If the bankrupt vrilfully fail to perform the duties imposed on him by this section, or if he fail to deliver np possession to the trustee of any part of his property, which is divisible amongst his creditors under this Act, and which may for the time being be in the possession or under the control of such bank- rupt, he shall, in addition to any other punishment to which he may be subject, be guilty of a contempt of Court, and may be punished accordingly. 20. The trustee shall, in the administration of the Conduct of property of the bankrupt and in the distribution a™eaf to*° thereof amongst his creditors, have regard to any 0°"^ 18 BANKRUPTCY ACT, 1869. § 21. directions that may be given by resolution of the '— creditors at any general meeting, or by the committee tSe. of inspection, and any directions so given by the cre- ditors at any general meeting shall be deemed to override any directions given by the committee of inspection; the trustee shall call a meeting of the committee of inspection once at least every three months, when they shall audit his accounts, and determine whether any or what dividend is to be paid; he may also call special meetings of the said committee as he thinks necessary. Subject to the provisions of this Act, and to such directions as aforesaid, the trustee shall exercise his own discretion in the management of the estate, and its distribution amongst the creditors. The trustee may from time to time summon general meetings of the creditors for the purpose of ascertaining their wishes; he may also apply to the Court, in manner prescribed, for directions in relation to any particular matter arising under the bankruptcy. . The bankrupt, or any creditor, debtor, or other person aggrieved by any act of the trustee, may apply to the Court, and the Court may confirm, reverse, or modify the act complained of, and make such order in the premises as it thinks just. The Court may from time to time, during the continuance of a bankruptcy, summon general meetings of the creditors for the purpose of ascertaining their wishes, and may, if the Court thinks, fit, direct the registrar to preside at such meetings. The trustee shall, in relation to and for the pur- pose of acquiring or retaining possession of the pro- perty of the bankrupt, be in the same position in all respects as if he were a receiver of such property appointed by the Court of Chancery, and the Court may, on his application, enforce such acquisition or retention of property accordingly, Eeguiations 21. The provisions of this Act with respect to the mee° togs"of ^^^^ general meeting of creditors shall apply to any creditors Subsequent general meeting of creditors in a bank- to teT'"' ruptcy, with this exception, that subsequent meet- meeting. PART 11. ADMINISTRATION OF PROPERTV. 19 ings of creditors may be summoned by the trustee, J 22. or by a member of the committee of inspection, and that such meetings may, unless otherwise directed by the Court in the case of meetings summoned by the Court, be presided over by any person chosen by the creditors assembled at such meeting, and that any creditor whose debt has been proved, or the value of jvhose debt has been ascertained at or subse- quently to such first meeting, shall be allowed to be present and to vote thereat.* Dealings with BanJcrupt's 'Property. 22. Where any portion of the property of the of°^^°^^g™ bankrupt consists of stock, shares in ships, shares, lay trustee. or any other property transferable in the books of any company, office, or person, the right to transfer such property shall be absolutely vested in the trustee to the same extent as the bankrupt might have exercised the same if he had not become bank- rupt. Where any portion of such estate consists of copyhold or customary property, or any like pro- perty passing by surrender and admittance or in any similar manner, the trustee shall not be compellable to be admitted to such property, but may deal with the same in the same manner as if such property had been capable of being and had been duly sur- rendered or otherwise conveyed to such uses as the trustee may appoint ; and any appointee of the * Sections 19, 20, and 21 of the Bankruptcy Act, 1869, lay down regulations witli respect to the conduct of the bankrupt, the conduct of the trustee, and respecting the summoning of general meetings of creditors subsequent to the first meeting. As the trustee, subject to the control of the committee of inspection and of the Court, is to " exercise his own discretion in the management of the estate, and its distribution amongst the creditors," there can be no doubt that when any questions of a difficult and complicated nature arise, he will protect him- self in the first instance by summoning "a general meeting of the creditors for the purpose of ascertaining their wishes." If the resolution come to at the meeting so summoned should not be deemed sufficient or satisfactory by the trustee, then the trustee will "apply to the court for its direction in the par- ticular matter." c 2 20 BANKEUPTCT ACT, 1869. § 23. trustee shall be admitted or otherwise invested with ""^ the property accordingly. Where any portion of the property of the bankrupt consists of things in action, any action, suit, or other proceeding for the recovery of such things instituted by the trustee shall be instituted in his official name^ as in this Act provided; and such things shall, for the purpose of such action, suit, or other proceeding, b& deemed to be assignable inlaw, and to have been duly assigned to the trustee in his official capacity. The trustee shall, as soon as may be, take possession of the deeds, books, and documents of the bankrupt, and all other property capable of manual delivery. The trustee shall keep, in such manner as rules of Court shall direct, proper books, in which he shall from time to time make or cause to be made entries or minutes of proceedings at meetings, and of such'other matters as rules of Court shall direct, and any creditor of the bankrupt may, subject to the control of the Court, personally or by his agent inspect such books.* Disclaimer 23. When any property of the bankrupt acquired ouspro" ^y ^'^ trustee under this Act consists of land of any perty. tenure burdened with onerous covenants, of unmar- ketable shares in companies, of unprofitable contracts, or of any other property that is unsaleable, or not readily saleable, by reason of its binding the posses- sor thereof to the performance of any onerous act, or to the payment of any sum of money, the trustee, notwithstanding he has endeavoured to sell, or has taken possession of such property or exercised any act of ownership in relation thereto, may, by writing under his hand, disclaim such property, and upon the execution of such disclaimer the property dis- claimed shall, if the same is a contract, be deemed * This section simplifies the mode in wMch the trustee can obtain possession of the bankrupts' property, and deal with it for the purpose of realization. The power given to any cre- ditor ' ' personally or by his agent " to inspect the books, papers, &c., of the bankrupt, and the books directed to be kept by the trustee, must, of course, be limited to creditors who, in the prescribed manner, have proved a debt, or to their duly autho- rized agents. PART II. ADMINISTRATION OF PROPERTY. 21 to be determined from the date of the order of adju- 5 33^ dication, and if the same is a lease be deemed to have been surrendered on the same date, and if the same be shares in any company be deemed to be forfeited from that date, and if any other species of property it shall revert to the person entitled on the deter- nation of the estate or interest of the bankrupt, but if there shall be no person in existence so entitled, then in no case shall any estate or interest therein remain in the bankrupt. Any person interested in any disclaimed property may apply to the Court, and the Court may, upon such application, order possession of the disclaimed property to be delivered up to him, or make such other order as to the pos- session thereof as may be just. Any person injured by the operation of this section shall be deemed a creditor of the bankrupt to the extent of such injury, and may accordingly prove the same as a debt under the bankruptcy.* * The very large powers of disclaimer given by this section are intended to meet many of those cases of onerous contracts and of nnsalcahle and unprofitable property •which, especially in reference to shares in joint stock companies, held by a bankrupt have produced so much litigation. The right given by the following section (24) to any person interested in the property to require the trustee within twenty-eight days, after notice in writing, to disclaim or not, will, it is presumed, induce the trustee in all cases of difficulty to ascertain the wishes of the creditors at a general meeting, to be summoned for the purpose, or to act under the direction of the Court. In connection with the general .subject of these liabilities, see also the Companies Act, 1862, 25 & 26 Vict. cap. 89, s. 75, which enacts that : — "It shall be lawful in the case of the bankruptcy of any con- tributory to prove against his estate the estimated value of his liability to his future calls, as well as calls already made. Sect. 76 enacts, "If any contributory becomes bankrupt, either before or after he has been placed on the list of eontributories, his assignees shall be deemed to represent such bankrupt for all the purposes of the winding-up, and shall be deemed to be eon- tributories accordingly, and may be called upon to admit to proof against the estate of such bankrupt or otherwise to allow to be paid out of his assets in due course of law, any monies due irom such bankrupt in respect of his liability to contribute to -the assets of the company being wound up." In the case of In re the General Estates Company, ex parte Hasiie, 38 iaw J. Eep. (n. s.), Chano. 233, where the assignee of a 22 BAl^KRTTPTCT ACT, 1869. X 24 24. The trustee shall not be entitled to disclaim any property in pursuance of this Act in cases where Limitation . ^ j j of time for bankrupt sLareholder in a limited company, registered under disclaimer, ^jjg ^ct of 1862 has repudiated the bankrupt's shares, and the company is wound up after the discharge of the bankrupt, the Lords Justices held that the bankrupt's name was properly re- tained on the list of contributories. And also "tbat.^rinMi fade, future calls to be made by a company not in course of •winding-up, are not capable of valuation at the date of the- bankruptcy, and therefore are not provable under sect. 154 of the Bankruptcy Act, 1861." As to the liabilities of assignees^ ■with respect to covenants in leases, see Dyke v. Taylor, 2 fiiff. 566, and 3 De Gex, P. & J. 467. In that case by a lease a. tenant entered into a covenant that " he or a person to be ap- proved by the landlord -would reside on the property demised to him, and that he -would not assign -without licence ; and it was provided that in the event of the bankruptcy of the tenant, the landlord should have a right to re-enter and avoid the lease. The tenant having taken possession of the property demised to him, became bankrupt, and the landlord received rent from his assignees, and accepted them as tenants. The Vice-Chancellor was of opinion that the assignees came in by contract upon the terms of the lease, and that they were bound by the stipulations therein ; and granted an injunction upon an interlocutory appli- cation, restraining the assignees from assigning, underletting, or otherwise disposing of, or parting with, the possession of the demised property without the consent in writing of the land- lord. There having been certain dealings between the assignees and one S., for a letting of the farm, which it was contended was a breach of the injunction, a motion was made for the com- mittal of the assignees for contempt, and the Vice-Chancellor, although he made no order on the motion to commit, directed that the assignees should pay the costs of the motion. Held,, on appeal, that the evidence of the transactions between the assignees and S. was too doubtful to warrant the Court ito- order the assignees to pay the costs of the motion to commit, and that as to the injunction against assigning and underletting, it must be dissolved, the inconvenience from maintaining it erro- neously being probably greater than that of erroneously dis- solving it.'' These cases are cited to show the risks and re- sponsibilitieswhich creditors' assignees might incur, and as, for the future, creditors' trustees will be in the same position n creditors' assignees, with this exception, that such trustees -will have additional powers, and will be exposed to addi- tional risks and penalties, it may be doubted whether the- terms of the section will afford adequate protection to dis- claiming trustees, or to bankrupts after they have obtained their discharge. In Martin's Patent Anchor Company v. Morton, and the Same v. Bewitt, it was decided by the Court of Queen's Bench that if a shareholder in a company iucorpo- PART II. ADMINISTRATION OF PEOPEKTY. 23 an application in writing has been made to him by ^ gg. any person interested in such property, requiring such trustee to decide whether he will disclaim or not, and the trustee has for a period of not less than twenty-eight days after the receipt of such appUca- tion or such further time as may be allowed by the Court declined or neglected to give notice whether he disclaims the same or not. 25. Subject to the provisions of this Act, the Power of trustee shsdl have power to do the following things : deal witb (1.) To receive and decide upon proof of debts in property. the prescribed manner, and for such pur- pose to administer oaths : * (2.) To cari^ on the business of the bankrupt so far as may be necessary for the beneficial winding up of the same : (3.) To bring or defend any action, suit, or other legal proceeding relating to the property of the bankrupt: (4.) To deal with any property to which the bank- rupt is beneficially entitled as tenant in tail in the same manner as the bankrupt rated under the CompaDies Act, 1862, becomes bankrupt, and obtains Ms discbaige, but still continnes to hold his shares, he is liable to pay calls made in respect of such shares subse- qnently to the adjudication. Sett. 154 of the Bankruptcy Act, 1861, does not apply to such calls. Sect. 75 of the Com- panies Act, 1862, does not apply to the case of a bankruptcy where the bankrupt is discharged before the commencement of the Trinding-up of the company, but only to the case of a bank, mptcy pending during the winding up. 37 Law ,1. Rep. (n. s. ) Q. B. 98. See further, Warburg t. Tucker, 28 Law J. Rep. (n.s.) Q. B. 56. * As the trustee after his appointment at the first meeting is empowered to administer an oath, persons swearing falsely will be liable to indictment for perjury. In addition, the Act for the Abolition of Imprisonment for Debt, 32 & 33 Vict. c. 62, s. 14, enacts as follows : — "If any creditor in any bank- ruptcy or liquidation by arrangement or composition with cre- ditors in pui-snance of the Bankruptcy Act, 1869, wilfully, and with intent to deiraud, make any false claim, or any proo^ declaration, or statement of account which is untrue in any material particular, he shall be guilty of a- misdemeanor, pu- nishable with imprisonment not exceeding one year, with or without hard labour." ■24 ■ BANKRUPTCY ACT, 1869, J 26, might have dealt with the same; and the '— sections fifty-six to seventy-three (hoth in- clusive) of the Act of the session of the third and fourth years of the reign of King WilUam the Fourth (chapter seventy- four), " for the aholition of fines and re- coveries, and for the substitution of more simple modes of assurance," shall extend and apply to proceedings in bankruptcy under this Act as if those sections were here re-enacted and made applicable in terms to such proceedings: (5.) To exercise any powers the capacity to exer- cise which is vested in him under this Act, and to execute all powers of attorney, deeds, and other instruments expedient or necessary for t^e purpose of carrying into effect the provisions of this Act:- (6.) To sell all the property of the bankrupt (in- cluding the goodwill of the business, if any, and the book debts due or growing due to the bankrupt) by public auction or private contract, with power, if he thinks fit, to transfer the whole thereof to any person or company, or to sell the same in parcels : (7.) To give receipts for any money received by him, which receipt shall effectually dis- charge the person paying such monies from a.11 responsibility in respect of the applica/- tion thereof: (8.) To prove, rank, claim, and draw a dividend in the matter of the bankruptcy or seques- tration of any debtor of the bankrupt. Power to 26. The trustee may appoint the bankrupt himself allow tank- to superintend the management of the property or of manage anj part thereof, or to carry on the trade of the property, bankrupt (if any) for the benefit of the creditors, and m any other respect to aid in administering the pro- perty in such manner and on such terms as the cre- ditors direct. PABT II. ADMINISTEATION OF PUOPEETY. 25 27. The trustee may, with the sanction, of the { 27, committee of inspection, do all or any of the follow- ing things : Power of /I \ -SV i 11 /. T trustee to (1.) Mortgage or pledge any part of the property oompro- of the bankrupt for the purpose of raising "'^°' *°' money for the payment of his debts : (2.) Refer any dispute to arbitration, compromise all debts, claims, and liabilities, whether present or future, certain or contingent, liquidated or unliquidated, subsisting or supposed to subsist between the bankrupt and any debtor or person who may have incurred any liability to the bankrupt, upon the receipt of such sums, payable at such times, and generally upon such terms as may be agreed upon : (3.) Make such compromise or other arrangement as may be thought expedient with creditors, or persons claiming to be creditors in re- spect of any debts provable under the bankruptcy : (4.) Make such compromise or other arrangement as may be thought expedient with respect to any claim arising out of or incidental to the property of the bankrupt, made or capable of being made on the trustee by any person or by the trustee on any person: (5.) To divide in its existing form amongst the creditors, according to its estimated value, any property which from its peculiar nature or other special circumstances cannot ad- vantageously be realized by sale.* * This provision is intended to meet the case of property, the immediate sale of which would produce certain loss, but •which if retained in its existing state might at some future time produce profit. For instance, shares in companies, paying no present dividend, tut which with further development, &a., .have a fair prospect of eventual success. A similar pro- vision was contained in a measure introduced by Lord West- bnry three years ago, giving this power to divide property so peculiarly circumstanced to the Court of Chanceiy. See 31 & 32Tict. cap. 68, o. 6, which enacts as follows: — "If iji any 26 f 28. Power of trustee to accept com- position or general scheme of arrange- ment. BANKKUPTCY ACT, 1869. The sanction given for the purposes of this section may be a general permission to do all or any ot the above-mentioned things, or a permission to do all or any of them in any specified case or cases. 28 The trustee may, with the sanction of a spe- cial resolution of the creditors assembled at any meeting of which notice has been given specifying the object of such meeting, accept any composition offered by the bankrupt, or assent to any general scheme of settlement of the affairs of the bankrupt upon such terms as may be thought expedient, and with or without a condition that the order of adjudi- cation is to be annulled, subject nevertheless to the approval of the Court, to be testified by the judge of the Court signing the instrument containing the terms of such composition or scheme, or embodying such terms in an orderjof the Court. Where the annulling the order of adjudication is made a condition of any composition with the bank- rupt or of any general scheme for the hquidation of his affairs, the Court, if it approves of such compo- sition or general scheme, shall annul the adjudication on an application made by or on behalf of any person interested, and the adjudication shall be annulled from and after the date of the order annulling the same. The provisions of any composition or general scheme made in pursuance of this Act may be en- forced by the Court on a motion made in a summary manner by any person interested, and any disobe- dience of the order of the Court made on such mo- tion shall be deemed to be a contempt of Court. case of bankruptcy, arrangement, or winding-up within this Act, it appears to the liquidators that it will be for the benefit of the estate in liquidation that any part of the assets thereof should be divided in specie, or be otherwise disposed of without sale, they may prepare and file in the Court of Chancery a scheme in that behalf." Sect. 6 enacts, " A scheme may in any case pro- vide that any class of secured creditors shall take in or towards discharge of their claims on the estate the securities held by them at «■ value to be determined by the Court, or in such manner as the Court shall direct." PART 11. ADMINISTRATION OF PROPERTY. 27 The approval of the Court shall be conclusive as to j gg 30. the validity of any such composition or scheme, and it shall be binding on all the creditors so far as relates to any debts due to them and provable under the bankruptcy.* 29. A trustee shall not, without the consent of Trustee, if the committee of inspection, employ a sohcitor or may'be pid other agent, but where the trustee is himself a soli- *™ services. citor he may contract to be paid a certain sum by way of per-centage or otherwise as a remuneration for his services as trustee, including all professional services, and any such contract shall, notwithstanding any law to the contrary, be lawful. 30. The trustee shall pay all sums from time to Trasteesto time received by him into such bank as the majority ^totenk^" of the creditors in number and value at any general meeting shall appoint, and faihng such appointment into the Bank of England ; and if he at any time keep in his hands any sum exceeding fifty pounds for more than ten days he shall be subject to the following liabilities ; that is to say, (1.) He shall pay interest at the rate of twenty pounds per centum per annum on the ex- cess of such sum above fifty pounds as he may retain in his hands : (2.) Unless he can prove to the satisfaction of the Court that his reason for retaining the money was sufficient, he shall, on the ap- plication of any creditor, be dismissed from his office by the Court, and shall have no claim for remuneration, and be liable to any expenses to which the cre- ditors may be put by or in consequence of his dismissal.f * The objects contemplated by this section are similar to those which for the last eight years have been carried into effect by sect. HO & sect. 185 of the Bankruptcy Act, 1861, which placed in the hands of the creditors complete control over the administration of their debtor's estate. t See Bankrupt Law Consolidation Acb, 1849, sect. 265, which enacted, that if any assignee retained in his hands any 28 BANKRUPTCY ACT, 1869. ^ 31- Payment of Belts and Distribution of Assets. Description 31. Demands in the nature of unUquidated da- of debts mages arising otherwise than by reason of a contract banSptc^ or promise shall not be proveable in bankruptcy, and no person having notice of any act of bankruptcy available for adjudication against the bankrupt shall prove for any debt or liabihty contracted by the bankrupt subsequently to the date of his so having notice.* Save as aforesaid, all debts and liabilities, present sum exceeding 100^., part of the estate of the bankrupt, the Court was required to charge such assignee with interest at the rate of twenty per cent, per annum on all sums ahove such amount improperly retained by him. By sect. 175 of the Bankruptcy Act, 1861, it was provided that if the assignee kept in his hands for one week more than 60Z., belonging to the estate of the bankrupt, the creditors might debit such assignee with interest, ' ' at any rate not exceeding 201. per centum by the year for the time such monies were kept in his hands." * Sect. 153 of the Bankruptcy Act, 1861, provided, " If any bankrupt shall at the time of adjudication be liable by reason of any contract or promise to a demand in the nature of da- mages, &c." The substituted section enacts that no creditor will be entitled to prove a demand for unliquidated damages unless it arises " by reason of a contract or promise," and the creditor is debarred of his right to prove if he had notice of an act of bankruptcy available for adjudication at the time the debt or liability arose. In Ex parte Mendel in re Moore, 33 Law J. Rep. (n. e.) Bankr. 14, 1 De Gex, J. & S. 330, the Court held that the 153rd section of the Bankruptcy Act, 1861, authorising proof in respect of a claim for unliqui- dated damages applied only where there had been a breach of contract previously to adjudication. Lord Chancellor Westbury observed in reference to sect. 153 of the Bankruptcy Act, 1861 : — "That section is a new enactment. The law as it stood in .former times was, that no proof could be made for damages un- less they were such as could be ascertained by the commissioner without the intervention of a jury. The 153rd section gives a power to direct the damages to be assessed when they arise under any demand existing at the time of adjudication. Un- doubtedly it was the intention of the fi'amers of the act that de- mands of this nature should be limited to cases where there was a cause of action complete at the time of adjudication ; and I am therefore of opinion that the 153rd section of the act of 1861 applies to such demands only in the nature of damages as are capable of being enforced against the bankrupt at the time of adjudication." PAET ir. ADMINISTRATION OF PEOPERTY. 29 or future, certain or contingent, to whicli the bank- ^ 31. rupt is subject at the date of the order of adjudica- tion, or to which he may become subject during the continuance of the bankruptcy by reason of any obli- gation incurred previously to the date of the order of adjudication, shall be deemed to be debts provable in bankruptcy, and may be proved in the prescribed manner before the trustee in the bankruptcy. An estimate shall be made according to the rules of the Court for the time being in force, so far as the same may be applicable, and where~they are not applicable at the discretion of the trustee, of the value of any debt or liability provable as aforesaid, which by reason of its being subject to any contin- gency or contingencies, or for any other reason, does not bear a certain value. Any person aggrieved by any estimate made by the trustee as aforesaid may appeal to the Court, and the Court may, if it think the value of the debt or liability incapable of being fairly estimated, make an order to that effect, and upon such order being made such debt or liability shall, for the purposes of this Act, be deemed to be a debt not provable in bank- ruptcy, but if the Court think that the value of the debt or hability is capable of being fairly estimated it may direct such value to be assessed with the con- sent of all the parties interested before the Court itself without the intervention of a jury, or if suclj. parties do not consent by a jury, either before the Court itself or some other competent Court, and may give all necessary directions for such purpose, and the amount of such value when assessed shall be provable as a debt under the bankruptcy. " Liability " shall for the purposes of this Act in- clude any compensation for work or labour done, any obUgation or possibiUty of an obligation to pay money or money's worth on the breach of any ex- press or implied covenant, contract, agreement, or undertaking, whether such breach does or does not occur, or is or is not hkely to occur or capable of occur- ring before the close of the bankruptcy, and gene- 30 BANKEUPTCY ACT, 1869. § 31. rally it shall include any express or implied engage- ment, agreement, or undertaking, to pay, or capable of resulting in the payment of money or money's •worth, whether such payment he as respects amount fixed or unliquidated; as respects time present or future, certain or dependent on any one contingency or on two or more contingencies ; as to mode of valuation capable of being ascertained by fixed rules, or assessable only by a jury, or as matter of opinion.* * With respect to the provisions as to proof of dehts and liabilities, present or future, certain or contingent, &c., .and the power given to estimate and the mode of valuation, &c., it may be observed that the words employed are so general and so com- prehensive as to include almost every transaction in which men can engage, from express contract to ' ' remote possibility." Some of the rules which have been laid down by the Courts in the decision of points of a similar nature may usefully be men- tioned as guides in the interpretation of the new section. As to annuities, in ]!x parte Van Heylhuysen, an annuity granted by the bankrupt to C. D., in case she survived A. B., may be proved before the happening of the contingency under sect. 175 of the Bankrupt Law Consolidation Act, 1849. 1 Dea. 360. In a very recent case an action was brought for arrears of an annuity payable by the defendant to the plaintiff who was trustee under a deed of separation made between the defendant and his wife. The arrears in question became doe after the bankruptcy of the defendant. The deed contained a proviso that the annuity should cease to be payable if the defendant and his wife came to live together again. The jury having found for the plaintiff, a rale was obtained to enter a non-suit, or a verdict for the defendant, on the ground that the annuity was capable of being valued, and was therefore proveable under the defendant's bankruptcy. The Court of Exchequer held that the contingency upon which the annuity was to cease being beyond the reach of calculation, no value could be put on the annuity, and that the case consequently not falling within the Bankrupt Law Consolidation Act, 1849, sect. ITi?, the plaintiff was entitled to recover in the action, notwithstanding the bankruptcy of the defendant. Mudge T. Rowam, 3 Law J. Notes of Cases, 38. An annuity deed contained the stipulation that the annuitant should use his best endeavours to preserve, extend, and promote the success of a certain business, and not impede its success by any act, neglect, omission or default ; that he should perform such services and duties as certain per- sons could reasonably require ; and that he should not carry on a certain business during a certain time and within a certain area ; and that all disputes should be referred to arbitration. The Court held that such an annuity was not capable of -valua- PART II. ADMINISTKATION OF PROPERTY. ' 31 32. The debts hereinafter mentioned shall be paid { 32 in priority to all other debts. Between themselves Preferential debts. tion under sect. 175 of the Bankrupt Law Consolidation Act, 1849, one of the judges observing that "the act seemed to contemplate an annuity for -which there was an original price as a datum of Talue." Brett v. Jaclcson, 38 Law J. Rep. (U.S.) C. P. 139. See also Parlcr t. Ince, 4 Hurls. & N. 59; 28 Law J. Eep. (k. s.) Exch. 189. See also Ex parte Robinson in re Nicholson, 31 Law J. Rep. (». 3.) Bankr. 12. In this case the bankrupt and a creditor on a loan transaction, arranged that the creditor should in addition to interest he paid an annuity so long as any monies remained owing in respect of the loan. The annuity was secured by a bond in a penal sum and by mortgage. The creditor proved against the estate for the money due on the loan, and afterwards tendered a proof in respect of the annuity or for the penal sum mentioned in the bond ; but one of the commissioners having refused to allow the proof, the creditor appealed. The Lords Justices held that the annuity was merely in the nature of in- creased interest, and was not a subject of proof, and dismissed the appeal with costs. As to Contingent Liability, &c. — In the case of Gary v. Dawson, in January, 1866, a sum of money in consols was lent to the promoters of a bill before Parliament. The plaintiffs, the defendant, and others, entered into an undertaking with the lenders, that if the bill was thrown out the consols should be returned, and that if it passed, (which was the event that happened, ) an equal amount of stock should be transferred to the lenders, and a sum in the nature of interest on the value of the consols at the time they were lent, from the end of six months to the date of the transfer, should be paid to the lenders. In the foUowiug April the defendant was adjudged bankrupt. In July he obtained his order of discharge. In August the bill was passed, but the consols were not transferred till the Miiy following, and the plaintiffs were thereupon compelled t<> pay under their agreement a sum of money as the equivalent for interest. The Court of Queen's Bench held in an action against the defendant for contribution, in respect of the amount so paid, that his bankruptcy afforded no answer to the claim, as his liability could not have been valued at the date of the adjudication, so as to be provable either under the Bankrupt Law Consolidation Act, 1849, sect. 178, or the Bankruptcy Act, 1861, sect. 154. 38 Law J. Eep. (if. s.) Q. B. 300. In Oxlade v. The North Eastern Railway Compwny, it was held that when the verdict is given before, but the judgment is not obtained until after the plaintiff has become bankrupt, the defendant's costs are not a "debt or contingent liability," provable under the bankruptcy. 33 Law J. Eep. (n. s.) C. P. 171. In Ex parte Elmes in re Hughes, the Court of 32 BANKRUPTCY ACT, 1869. « 32 such debts shall rank equally, and shall be paid in '— full, unless the property of the bankrupt is insuffi- . cient to meet them, in which ease they shall abate in equal proportions between themselves ; that is to sayj (1.) All parochial or other local rates due from him at the date of the order of adjudica- tion, and having become due and payable within twelve months next before such time, all assessed taxes, land tax, and pro- perty or income tax assessed on him up to the fifth day of April next before the date of the order of adjudication, and not ex- ceeding in the whole one year's assess- ment; (2.) All wages or salary of any clerk or servant in the employment of the bankrupt at the date of the order of adjudication, not ex- ceeding four months' wages or salary, and not exceeding fifty pounds; all wages of any labourer or workman in the employ- Appeal held that a liahilitj in respect of a hreaeh of cOTenant for title contained in a purchase deed, arises immediately upon the execution of the deed ; therefore, where the bankruptcy of the vendor occurred after the execution of the purchase deed, but before the amount of damage sustained blithe purchaser ■was ascertained, the latter was held entitled to prove for the amount. 33 Law J. Eep. (h. s.) Bankr. 23. In the case of MUcalfe v. Hanson, the House of Lords held, affirming the decision of the Court of Exchequer Chamber, that a covenant to pay premiums was not a liability to pay money within sect. 178 of the Bankrupt Law Consolidation Act, 1849. There A.borrowed money of B., and executed a deed of assignment by way of mortgage to B. of a policy of assurance on his own life, with a covenant to keep up the annual payments for premiums. A. afterwards became bankrupt, and eventually failed to pay some of the premiums which B. paid, and sued A. for the amount, some years after the latter had obtained his certificate under his bankruptcy. Lord Chancellor Cranworth, Lord Westbury, and Lord Chelmsford went fully into the question of the nature of contingent debts, and the machinery provided by the statute for estimating and dealing with them, and held that the cove- nant in question was not a liability within the Act. 35 Law J. Eep. (k. s.)Q. B. 225. PART II. ADMINISTRATION OF PROPERTY. 33 meut of the bankrupt at the date of the § 33. order of adjudication, and not exceeding two months' wages : * Save as aforesaid, all debts provable under the bank- ruptcy shall be paid pari passu. 33. Where at the time of the presentation of Preferential the petition for adjudication any person is appren- oflpprmf * ticed or is an articled clerk to the bankrupt, the ticeship. order of adjudication shall, if either the bankrupt or apprentice, or clerk give notice in writing to the trustee to that effect, be a complete discharge of the indenture of apprenticeship or articles of agreement; and if any money has been paid by or on behalf of such apprentice or clerk to the bankrupt as a fee, the trustee may, on the appUcation of the appren- tice or clerk, or of some person on his behalf, pay such sum as such trustee, subject to an appeal to the Court, thinks reasonable, out of the bankrupt's property to or for the use of the apprentice or clerk, regard being had to the amount paid by him or ou his behalf, and to the time during which he served * This provision is more liberal than that contained in sect. 168 of the Bankrupt Law Consolidation Act, 1849, under which the Court might order the payment of the salary or wages due to any clerk or servant of the bankrupt, for any time not exceeding three calendar mouths, and not exceeding 30/. in amount ; also the wages of any workman not exceeding 40s. The following cases may afford some guide to the classes of per- sons entitled to preferential payment in respect to wages. As to whether a person in the employment of the bankrupt at the time of bankruptcy was a clerk or constructively a partner : see Ex parte Eickin, 3 De Gex & S. 662. A hired servant for a year at a certain sum payable weekly is within the Act. Ex parte Collier, 4Dea. & C. 520 ; also a person engaged as a traveller at an annual salary, ex parte Neal, Mont. & M. 194 ; and a mate of a ship hired by the captain who was a part owner, ex parte Homberg, 2 Mont. D. & D. 642. A clerk who involuntarily quitted the bankrupt's service nine months before the bankruptcy, in anticipation of that event, and entered into other employment, was held not to be entitled to payment of any portion of his wages in full. Ex parte Gee, Mont. & C. 99. In Ex parte Stij}, Mr. Commissioner Evans held, confirming the decision of the registrar, that reporters and writers ex- clusively engaged on a daily newspaper were entitled to be paid three months salary in fulL D 34 BANKEUPTCY ACT, 1869. § 34-36 Power for landlord to distrain for rent. Proof in case of rent and periodi cal pay- ment. Interest on debts. ■with the bankrupt under the indenture or articles before the commencement of the bankruptcy, and to the other circumstances of the case. Where it appears expedient to a trustee he may, on the appUcation of any apprentice or articled clerk to the bankrupt, or any person acting on behalf of such apprentice or articled clerk, instead of acting under the preceding provisions of this section, transfer the indenture of apprenticeship or articles of agree- ment to some other person.* 34. The landlord or other person to whom any rent is due from the bankrupt may at any time, either before or after the commencement of the bankruptcy, distrain upon the goods or effects of the bankrupt for the rent due to him from the bankrupt, with this limitation, that if such distress for rent be levied after the commencement of the bankruptcy it shall be available only for one yeai-'s rent accrued due prior to the date of the order of adjudication, but the landlord or other person. to whom the rent may be due from the bankrupt may prove under the bankruptcy for the overplus due for which the distress may not have been available. 35. When any rent or other payment falls due at stated periods, and the order of adjudication is made at any time other than one of such periods, the person entitled to such rent or payment may prove for a proportionate part thereof up to the day of the adjudication as if such rent or payment grew due from day to day.t 36. Interest on any debt provable in bankruptcy may be allowed by the trustee under the same cir- cumstances in which interest would have been allow- able by a jury if an action had been brought for such debt.J " * Tliis section for the first time introduces the word articled clerk. t This is substantially the same as sect. 150 of the Bank- ruptcy Act, 1S61. J Under this section a very difficult and responsible duty will devolve upon, the trustee who may be inops concUii, as under PART II. ADMINISTKATION OF PEOPERTY. 35 37. If any bankrupt is at the date of the oi'der of s 37 33. adjudication liable in respect of distinct contracts, '- as member of two or more distinct firms, or as a resvect'ot sole contractor, and also as member of a firm, the distinct circumstance that such firms are in whole or in part °™*^°''- composed of the same individuals, or that the sole contractor is also one of the joint contractors, shall not prevent proof in respect of such contracts, against the properties respectively hable upon such contracts.* 38. The trustee, with the consent of the creditors. Allowance testified by a resolution passed ia general meeting, for'SuSte^* nance or sect. 29 he cannot employ a solicitor without the consent of the ^^''"'^^■ committee of inspection. * This section corresponds with sect. 1 52 of the Bankruptcy Act, 1861, though the phraseology has been shortened. It was introduced into the Act of 1861 by Lord Cairns, then Sir Hugh Caii'ns, and its object was to put a final termination to many questions which have occasioned litigation with respect to double proof. See Goldsmid t. Cazenme, House of Lords, 29 L, J. Rep. (N.s.) Bank. 17. See alsoTudor'sLeadingCases on Mercantile and Maritime Law, Ex parte EowXandson, 362, and Ex parte Smith in re Deane, the facts of which were these : — A firm of two persons, D. and Y., carrying on business as D. T. and Co., at Liverpool, and of three persons, D. T. and T., at Per- nambuco ; D. and Y. were adjudicated bankrupts in 1854 at Liverpool. A creditor of both firms proved for a debt under this bankruptcy, and received a dividend, after which receipt the house at Pemambuco also became bankrupt, and the creditor proved the same debt against the estate there, and received a. dividend in respect of it. In 1 861 an order was made by the commissioner in England that the proof in this country should he expunged, unless the creditor paid to the assignees the divi- dends received by him at Pemambuco. This order was varied by the Lords Justices, who declared that the creditor was not entitled to any dividend in England except the first which he had received, but without prejudice to any question as to that dividend, or as to any question under the foreign bankruptcy. The assignees presented a petition praying that the creditor might be ordered to refund such first dividend ; but it was held (affirming a judgment of the commissioner) that in absence of all evidence to show that the law of Brazil would not have given the creditor the right to receive the dividend there, he was under no obligation as to that which he received here ; but that as he had rightfully received, he was entitled to retain it, and the petition was dismissed with costs. Ex parte Smith in re Deane, 31 Law J. Eep. (m. s.) Bankr. 60. D 2 36 BANKRUPTCY ACT, 1869. I 39. may from time to time, during the continuance of the' hankruptcy, make such allowance as may be approved by the creditors to the bankrupt out of his property for the support of the bankrupt and his family, or in consideration of his services if he is engaged in winding up his estate.* Set-off. 39. Where there have been mutual' credits, mu- tual debts, or other mutual dealings between the bankrupt and any other person proving or claiming to prove a debt under his bankruptcy, an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due from the other party, and the balance of such account, and no more, shall be claimed or paid on either side respectively; but a person shall not be entitled under this section to claim the benefit of any set-off against the property of a bankrupt in any case where he had at the time of giving credit to the bankrupt notice of an act of bankruptcy committed by such bankrupt and avail- able against him for adjudication .f * The object contemplated in this section as to the allowance to the bankrupt, was provided for by sects. 109 and 174 of the Bankruptcy Act, 1861, which empowered the majority in value of the creditors, either at the first meeting or at a dividend meet- ing, to resolve whether any or what allowances should be given to the bankrupt. Where the creditors at the first meeting omitted to pass any resolution either granting or refusing an allowance to the bankrupt, the Court under the 194th sect, of the Bankrupt Law Consolidation Act, 1849, had discretion to grant an allowance. + By sect. 171 of the Bankrupt Law Consolidation Act, 1849, the Court is to slate the account, and make the set-ofi'. For the future these duties will be performed by the trustee. In re Duckworth Ex patie Cooper, a shareholder in a company in course of winding up, being also a creditor of the company, as- signed his estates and effects to trustees for his creditors under sect. 192 of the Bankruptcy Act, 1801. The Lords Justices held inasmuch as a set-off of mutual credits was allowed by the Bankrupt Law Consolidation Act, 1849, though not allowed in respect of calls by the Companies Act, 1862, sect. 95, the Court of Chancery sitting as the Conrt of Appeal in Bankruptcy was bound to allow the claim upon the company to be a set-off PART II. ADMINISTRATION OF PROPERTY. 37 40. A creditor holding a specific security on the § 40. property of the bankrupt, or on any part thereof, r: may, on giving up his security, prove for his whole ast™eoured debt. creditor. He shall also be entitled to a dividend in respect of the balance due to him after realizing or giving credit for the value of his security, in manner and -at the time prescribed. A creditor holding such security as aforesaid and not complying with the foregoing conditions shall be excluded from all share in any dividend. * .against the calls. In distinguishing the case from Ex parte Grissell, 35 Law J. Rep. (h. s. ) Chano. 752, Lord Justice Tm-ner observed that "The legislature has expressly thrown "the matter into the Court of Bankruptcy ; and therefore strange ~as it may appear that there should be a set-off where a contri- butory is a bankrupt, and no set-off when he is not, the set-off must be allowed in the present case." See also re David Ex •parte CUland, 36 Law J. Hep. (n. s.) Bankr. 45. * See Mr. Moffatt's Act, the 31 & 32 Vict. cap. 104, which in sect. 3, enacted that **in the computation of the requisite value of the creditors, and for all other purposes of the deed, iihe amount -due to each creditor, after deducting the value of the securities held by him on the debtor's property, shall alone be reckoned." It is perhaps to be regretted that Mr. Moffatt's Act and the sections of the Act of 1861, with which it was grouped, and which together formed a useful code, has been re- pealed. Since Mr. Moffatt's Act of 1868, the scandalous frauds which previously occurred have been comparatively unknown. The following recent cases, with respect to proof of debt generally, may be given : — As to Holders of Bills as Endorsees for Talue. — In Expartc Petrie in re Petrie, there would not have been the statutory majority of assents to a deed, under the Bankruptcy Act, 1861, -sect. 192, but for the computation of Messrs. Swire and Son among the assenting creditors, in respect of acceptances which they had discounted with a bank at Liverpool, not returned as creditors at all, and which, at the date of registration of the •deed, held the bills as endorsees for value. Upon the applica- tion of a non-assenting creditor, Petrie was adjudicated bank- rupt. Petrie applied to the commissioner to have the adjudica- -tlon annulled on the ground of the prior execution of an inspec- torship deed, which application was refused. The Court of -Appeal affirmed the decision of the Commissioner, holding that there was no statutory majority of the creditors, on the ground -that the Bank, the holders of 7000Z. worth of the bills for ■value, were the only persons entitled to be treated as creditors. 38 BANKRUPTCY ACT, 1869. y ^^' Dividends. Distribution 41'. The trustee shall from time to time, when the dlndl'' committee of inspection determines, declare a divi- Lord Cairns said : "The deed is in my opinion vieious in the- first place, tecause it does not describe the Bank as one of the creditors of Mr. Petrie, whether assenting or dissenting credi- tors. But it is vicious beyond that, because it does describe, as the proprietors of this debt, Messrs. Swire and Son. Messrs. Swire and Son -were clearly not, at that time, the owners of these bills, nor could they, whatever might have been their dealings with Mr. Petrie, have sued him in respect of the debt represented by the bills, as long as the bills were outstanding, and current in the hands of third parties." LordJustice Relwyn added that ; " At the time of the registration of tlie deed, the bills were at the Bank under discount, or in other words the, bank were then the holders of these bills, and consequently they were the creditors entitled to assent or dissent in respect- of them." 37 Law J. Rep. (s. s.\ Bankr. 13. In Ex parte The Darlington District Joint Stock Bankmg- Company in re Riches, bills were drawn and endorsed by a partner in the partnership name, and discounted by a per- son who had notice that the partner was dealing with the bills for his private purposes : the person having .such notice was bound to ascertain the extent of the authority of the indi- vidual partner, and if the dealing were not authorized, he had, upon the bankruptcy of the firm, no right to prove against the- joint estate of the partnership, except to the extent to which the partnership might be indebted to the indi-yidual partner. 34 Law J. Rep. (h. s.) Bankr. 10. See also Ex parte Wyldin re Wyld, 30 Law J. Rep. (n. s.) Bankr. 10 ; and Ex parte Graham in re Grant, 33 Law J. Rep. (ir. s.) Bankr. 1. As to proof ly Partners, &c.—\a Ex parte Collinge in re- Holdsworth, it was held that a partner could not prove a debt against the estate of his co-partner, as long as there are joint debts of the partnership unsatisfied. 33 Law J. Rep. (n. s.^ Bankr. 0. The rule that a partner cannot prove against the separate estate of his co-partner until the joint debts are satisfied, was- intended for the benefit of the joint creditors ; and is only ap- plicable to prevent the creditor partner from coming into com- petition with them. Therefore, where the separate estate of the debtor partner is insufficient for the payment of his separate debts, exclusive of the debt of his co-partner, , the rule has no application. Ex parte Topping in re Levy and Rolson, 34 Law J. Rep. (h. s.) Bankr. 13. In Ex parte Bass in re Motion, it was held, that "a solvent partner cannot prove in bankruptcy against the estate of his. co-pai-tner, so long as there are joint creditors unpaid, although. PART II. ADMINISTRATION OF PROPERTY. 39 dend amongst the creditors who have proved to his § 41. satisfaction debts provable iu bankruptcy, and shall evidence be offered that the joint estate is ample to pay the joint creditors." 36 Law J. Hep. (n. s.) 39. See also Scott v. Ison, 34 Bear. 434. As to share of a deceased partner left in the partnership with security, for the same to be paid by in- stalment, see Ex parte Brooking, &c. 31 Law J. Eep. (if. s.) Bankr. 15. In Scott v. Izon tbis further point was decided, that when >■ testator has authorized the employment of his estate in trade, though the firm in which it is so employed becomes bankrupt, no proof can be made against the estate of the bankrupts in respect of the money of the testator so employed. As to proof in respect of breach of trust. — In Ex parte Cad- wallader in re James, an executor and trustee of a will was declared bankrupt. Under the wJU he took both real and per- sonal estate, in trust for the testator's widow, E. C, for her life, with remainder to her infant children. He fraudulently misapplied the trust property, and under his bankruptcy, E. C. was admitted to prove against his estate. On the choice of assignee, E. C. (the widow) applied for leave to vote, but her application was refused by the registrar, and also by the com- missioner; but on appeal the Lords Justices held that she was sufSciently interested to be entitled to vote. 31 Law J. Eep. (n. s.) Bankr. 66. Also as to proof in consequence of a breach of trust made through mistake, see Bx parte Norris in re Bid- didph, 38 Law J. Rep. (if. s.) Bankr. 5. As to proof in respect of agreement to repair, Sc, — In Ex parte Tasker in re Whitney, the question was whether a land- lord of a mill held under an agreement in writing for a lease which contained a clause binding the tenant to repair, could prove, under the tenant's bankruptcy, for the damage sustained through a fire by which the mill had been burned down. It was afterwards verbally agreed that an insurance should be effected by the landlord, the tenant paying the premiums. After the fire, the landlord compounded his claim with the insurance office, and rebuilt the premises, and alleged that such rebuilding cost much more than the sura recovered from the insurance office. The tenant afterwards became bankrupt, and the landlord attempted to prove his claim und^r the agreement to repair. The commissioner, however, rejected the. proof. The Lords Justices, on appeal, held, that at the time of the bank- ruptcy the appellant had a clear claim upon the estate, and that there must -be an assessment of the damage sustained by him. 2 Law J. Kep. (notes of cases), 79. As to damages for breach of covenant, &c, see Batteley v. Stainsby, 31 Law J. Eep. (N. s.) C. P. 337. As to proof under the Act to amend the Law of Partnership, 28 & 29 Tict. cap. 86, which authorizes loans to be made to 40 BANKRUFTCT ACT, 1869. § 42, 43. distribute the same accordingly ; and in the event of '- his not declaring a dividend for the space of six months, he shall summon a meeting of the creditors, and explain to them his reasons for not declaring the same. Provision 42. In the calculation and distribution of a divi- for creditors ^end it shall be obligatory on the trustee to make distaiSe,&o* provision for debts provable in bankruptcy appearing from the bankrupt's statements, or otherwise, to be due to persons resident in places so distant from 'the place where the trustee is acting that in the ordinary course of communication they have not had sufficient time to tender their proofs, or to establish them if disputed, and also for debts provable in bankruptcy, the subject of claims not yet determined. Right of 43. Any creditor who has not proved his debt CTeditor before the declaration of any dividend or dividends who has not ,,, , -ii ■ • t n -pi proved debt Shall be entitled to be paid out oi any monies tor the ciaration of *'™^ being in the hand of the trustee any dividend or a dividend, dividends he may have failed to receive before such monies are made applicable to the payment of any future dividend or dividends, but he shall not be en- titled to disturb the distribution of any dividend de-' clared before his debt was proved by reason that he has not participated therein. persons engaged in trade upon a written contract that the lender shall receive a rate of interest varying with the profits; or shall receive a share of such profits arising from such trade, without teiug a partner, &c., sect. 6 enacts as follows: "In the event of any such trader as aforesaid being adjudged a bankrupt, or taking the tenefit of any Act for the relief of insolvent debtors, or entering into an arrangement to pay his creditors less than twenty shillings in the pound, or dying in insolvent circumstances, the lender of any such loan as aforesaid, shall not be entitled to recover any portion of his principal, or of the profits or interest payable in respect of such loan, nor shall any such vendor of a goodwill as aforesaid be entitled to recover any such profits as aforesaid, until the claims of the other creditors of the said trader for valuable consideration in money or money's worth have been satisfied." Little use appears to have been made of this valuable Act ; for one case has only occurred in the Court of Bankruptcy under its provisions, and that case is still pending. PART 11. ADMINISTRATION OF PROPERTY. 41 44. When the trustee has converted into money { 44-47 all the property of the bankrupt, or so much thereof ' as can, in the joint opinion of himself and of the dirtdend. committee of inspection, be realized without need- lessly protracting the bankruptcy, he shall declare a final dividend, and give notice of the time at which it will be distributed. 45. The bankrupt shall be entitled to any surplus Bankmpt remaining after payment of his creditors, and of the ™™u8 *° costs, charges, and expenses of the bankruptcy. 46. No action or suit for a dividend shall he No action against the trustee, but if the trustee refuse to pay f'>'^'i''"'i™d- any dividend the Court may, if it think fit, order the trustee to pay the same, and also to pay out of his own monies interest thereon for the time that it is withheld, and the costs of the application.* Close of bankruptcy. 47. When the whole property of the bankrupt ciose of has been realized for the benefit of his creditors, or bamkruptcy. so much thereof as can, in the joint opinion of the trustee and committee of inspection, be realized without needlessly protracting the bankruptcy, or a composition or arrangement has been completed, the trustee shall make a report accordingly to the Court, and the Court, if satisfied that the whole of the pro- perty of the bankrupt has-been realized for the benefit of his creditors, or so much thereof as can be realized without needlessly protracting the bankruptcy, or that composition or arrangement has been completed, shall make an order that the bankruptcy has closed, and the bankruptcy shall be deemed to have closed at and after the date of such order. A copy of the order closing the bankruptcy may be published in the London Gazette, and the produc- tion of a copy of such Gazette containing a copy of the order shall be conclusive evidence of the order having been made and of the date and contents thereof, f * See sect. 190, Bankrupt Consolidation Law Act, 1849. + Ii is to be presumed that in all cases under this section the 42 EANKKUPTCT ACT, 1869. ^ ^^' Discharge of JSanTcrupt. Order of 48. When a bankruptcy is closed, or at any time discharge. jm.;j,g jtg continuance, with the assent of the cre- ditors testified by a special resolution, the bankrupt may apply to the Court for an order of discharge ; but such discharge shall not be granted unless it is proved to the Court that one of the following condi- tions has been fulfilled, that is to say, either that a dividend of not less than ten shillings in the pound has been paid out of his property, or might have been paid except through the negligence or fraud of the trustee, or that a special resolution of his cre- ditors has Iseen passed to the effect that his bank- ruptcy or the failure to pay ten shillings in the pound has, in their opinion, arisen from circumstances for which the bankrupt cannot justly be held respon- sible, and that they desire that an order of discharge should be granted to him ; and the Court may sus- pend for such time as it deems to be just, or with- hold altogether, the order of discharge in the cir- cumstances following ; namely, if it appears to the Court on the representation of the creditors made by special resolution, of the truth of which repre- sentation the Court is satisfied, or by other sufficient evidence, that the bankrupt has made default in giving up to his creditors the property which he is required by this Act to give up ; or that a prosecu- tion has been commenced against him in pursuance of the provisions relating to the punishment of fraudu- lent debtors, contained in the "Debtors Act, 1869," in respect of any offence alleged to have been com- mitted by him against the said Act.* order declaring the bankruptcy to be closed, will be published in the London Gazette, in the same manner as an order annul- ling adjudication. The use of the word " may " leaves the matter in doubt. * The conditions in the above section are substituted for those provided in the 159th section of the Bankruptcy Act, 1861, which, though carefully framed, failed to exclude that class of insolvents with whom the process of "white- washing," as it is called, was so popular. With regard to the PAET II. ADMINISTRATION OF PBOPEUTY. 43 49. An order of discharge shall not release the j 49. bankrupt from any debt or liability incurred by — order of difScnlties imposed on the bankrupt in obtaining his order of discharge and the general status of an undischarged hanlcrupt (section 54), Mr. Edward Lawranoe has recently observed : — "I always have thought, and still think, that if a maa has given np all his estate he is entitled to his release. If he has con- tracted his debts fraudulently or inconsistently with fair dealing, punish him ; but if he has surrendered all lie has, give him at least the opportunity of retrieving his position, but do not pass upon him sentence of perpetual mercantile excommunication. It may, indeed, be said that a bankrupt is entitled to his order of discharge if his estate shows ten shillings in the pound, but experience has shown that men who have assets which, upon realization by forced sale, would produce ten shillings in the pound are never likely to suspend payment until those assets are reduced to a much smaller amount. The estate which pro- duced ten shillings in the pound under bankruptcy would probably represent assets which, if realised in the usual course of trade, would be worth fifteen shillings in the pound. Again, is it not an inducement for a man to buy largely upon the eve of his bankruptcy for the purpose of approaching more nearly to the required amount of ten shilliugs ? But assuming that his estate only realizes five shillings in the pound, and that his debts are large, how can he, so long as he is without his order of discharge, get into business, earn and accumulate the necessary profits to make up the deficiency ? Will the wholesale houses trust a man under those circumstances ? I think not ; and he thus therefore, will not be likely to obtain, or they to receive the statutable amount. Then a bankrupt is to have, if his estate at the close of the bankruptcy (and this is a very uncertain term) has not produced ten shillings in the pound, a quad letter of licence for three years, to enable him to make np the deficiency, and if at the end of three years he has not made up that amount, then the creditors, whose hands are stayed during the three years, are restored to their rights as creditors, not in respect of the diflFerence between the five shillings he may have paid and the ten shillings he is required to pay, but for the remainder fifteen shillings in the pound, thereby, of course, trebling the amount of his liability. But the creditors are not to take proceedings against the bankrupt upon the judgment so to be obtained, without leave of the Court, who will inquire into the debtor's means and ascertain the amount of new debts contracted. Now what a scene of fraud this will open. Does any reasonable being suppose that even if the bankrupt is possessed apparently of considerable assets representing after-acquired property, the old creditors will participate in it to the extent of a single shilling ? Every species of device will be resorted to for the purpose of 44 BANKRUPTCY ACT, 1869, { 49. means of any fraud or breach of trust, nor from any - ^ - ' - debt or liability whereof he has obtained forbearance hy any fraud, but it shall release the bankrupt from all other debts provable under the bankruptcy, with the exception of — (1.) Debts due to the Crown: (2.) Debts with which the bankrupt stands charged at the suit of the Crown or of any person for any offence against a statute re- lating to any branch of the public revenue, or at the suit of the sheriff or other pubUc officer on a bail bond entered into for the appearance of any person prosecuted for any such offence : And he shall not he discharged from such excepted debts unless the Commissioners of the Treasury certify in writing their consent to his being dis- charged therefrom. An order of discharge shall be sufficient evidence of the bankruptcy, and of the validity of the pro- ceedings thereon, and in any proceedings that may be instituted against a bankrupt who has obtained interposing between the old creditors and their rights. I strongly deprecate legislation which has a tendency to engender fraud. No doubt it is true that the Court may, with the assent of the creditors, by special resolution grant a bankrupt his order of discharge without payment of ten Bhillings in the pound, if in their, the creditors' opinion, his failure to pay the required ten shillings has arisen from circumstances for which the bankrupt cannot justly be held responsible. Now, it will be exceedingly difficult to interpret these words ; but, assuming the bankrupt to have paid the required ten shillings, or to have been absolved from that payment by the special resolution of the creditors, what is the value of the order of discharge when obtained, if it is not to be available if the debtor's lia- bility has been incurred by means of any fraud or breach of trust (not specified), or from any debt or liability forbearance of which lie had obtained by means of any fraud ? The words are so wide, and the language so vague, that it seems to me that every order of discharge may be questioned at any period of a man's life, and that a conveyancing counsel advising upon an abstract of title to property in which the bankrupt was in- terested would, in addition to the usual inquiry whether he had obtained his order of discharge, be bound to inquire into the circumstances under which every debt was contracted." PAET II. ADMINISTRATION OF PKOPKRTY. 45 an order of discharge in respect of any debt from § 50—52. which he is released by such order, the bankrupt may plead that the cause of action occurred before his discharge, and may give this Act and the special matter in evidence. 50. The order of discharge shall not release any Exoeptton person who, at the date of the order of adjudication, debtors. was a partner with the bankrupt, or was jointly bound or had made any joint contract with him.* Selease of Trustee. 5 1 . When the bankruptcy is closed the trustee Release of in 11 • ni"!- -1 trustee. shall call a meetmg oi the creditors to consider an application to be made to the Court for his release. At the meeting the trustee shall lay before the as- sembled creditors an account showing the manner in which the bankruptcy has been conducted, with a list of the unclaimed dividends, if any, and of the property, if any, outstanding, and shall inform the meeting that he proposes to apply to the Court for a release. The creditors assembled at the meeting may ex- press their opinion as to the conduct of the trustee, and they, or any of them, may appear before the "Court and. oppose the release of the trustee. The Court, after hearing what, if anything, can be urged against the release of the trustee, shall grant or withhold the release accordingly, and if it with- hold the release shall make such order as it thinks just, charging the trustee with the consequences of any act or default he may have made or done con- trary to his duty, and shall suspend his release until such charging order has been complied with, and the Court thinks just to grant the release of the trustee. 52. Unclaimed dividends, and any other 1"°'^'^^ Jjjl'^g'jij j„ arising from the property of the bankrupt, remain- unclaimed ing under the control of the trustee at the close of ^'g'Jfn^d^J the bankruptcy of any bankrupt, or accruing there- standing * See Section 163 of the Bantiuptoy Act, 1831. 46 BAJSTKEUPTCY ACT, 1869. Effect of release of trustee. § 53, 54. ^fter shall be accounted and paid over to such account as may be directed by the rules of Court to be made with the sanction of the Treasury; and any parties entitled thereto may claim the same in manner directed by such rules. The trustee shall also deliver a list of any outstanding property of the bankrupt to the prescribed persons, and the same shall, when practicable, be got in and applied for the benefit of the creditors in manner prescribed. 53. The order of the Court releasing the trustee of a bankruptcy shall discharge him from all hability in respect of any act done or default made by him in the administration of the affairs of the bankrupt, or otherwise in relation to his conduct as trustee of such bankrupt ; but such order may be revoked by the Court on proof that it was obtained by fraud. Status of undiscJiarged BanTcrupt. status of 54. Where a person who has been made bankrupt charged ^^^ DO* obtained his discharge, then, from and after bankrupt, the close of his bankruptcy, the following conse- quences shall ensue : (1.) No portion of a debt provable under the bankruptcy shall, be enforced against the property of the person so made bankrupt until the expiration of three years from the close of the bankruptcy; and .during that time, if he pay to his creditors such addi- tional sum as will, with the dividend paid out of his property during the bankruptcy, make up ten shillings in the pound, he shall be entitled to an order of discharge in the same manner as if a dividend of ten shillings in the pound had originally been paid out of his property: (2.) At the expiration of aperiodof three years from the close of the bankruptcy, if the debtor made bankrupt has not obtained an order of discharge, any balance remaining unpaid m respect of any debt proved in such bank- ruptcy (but without interest in the mean- PART II. ADMHSTISTKATION OF PROPERTY. 47 time) shall be deemed to be a subsisting § 55. debt in the nature of a judgment debt, and, subject' to the rights of any persons who have become creditors of the debtor since the close of his bankruptcy, may be enforced against any property of the debtor, with the sanction of the Court which adjudi- cated such debtor a bankrupt, or of the Court having jurisdiction in bankruptcy in the place where the property is situated, but to the extent only, and at the time and in manner directed by such Court, and after giving such notice and doing such acts as may be prescribed in that behalf.* Audit. 55. The trustee having had his quarterly state- ^^^f ment of accounts audited by the committee of inspec- comptroller. tion, shall, within the prescribed time, forward the certified statement in the prescribed form to an oflacer to be called the comptroller in bankruptcy, and if he fail to do so he shall be deemed guilty of a contempt of court to be punishable accordingly. The first and any subsequent comptroller shall be appointed by the Lord Chancellor, and hold office during his pleasure, and shall be paid such salary as the Lord Chancellor may, with the sanction of the Treasury, direct. The comptroller shall be provided with such office in London, and * How are the rights of the subsequent creditors to be ascer- tained and enforced ? The provision of the Bankruptcy Bill introduced by Lord Cairns in 1863, dealt with this important question in the following manner : — The bankrupt was sum- moned before the Court and his future property was made liable, after making ** a reasonable allowance for the maintenance of the bankrupt and his family and the payment of debts, claims and demands not provable under the bankruptcy." Clause 338. See also sect. 169 of the Bankruptcy Act, 1869. If during [the period of three years the bankrupt is sued, the Court no doubt would, under sect. 13 of the Bankruptcy Act, 1869, restrain or stay the proceedings. 48 BANKRUPTCY ACT, 1869. § 56, 57. with such officers, clerks, and servants, as may be ■ directed by the Lord Chancellor, with the ap- proval of the Treasury. The officers, clerks, and servants in the office of the comptroller, shall be appointed and dismissible by the comptroller, and there shall be allowed and paid to him such sum as the Treasury may from time to time direct for the expenses of his office, and of such clerks and other persons as may. be deemed necessary by the Treasury.* Retiimof 56. Every trustee of bankrupt shall from time to compb-oiier. time, as may be prescribed, and not less than once in every year during the bankruptcy, transmit to the comptroller a statement showing the proceedings in such bankruptcy up to the date of the statement con- taining the prescribed particulars, and made out in the prescribed form; and any trustee failing to transmit accounts in compliance with this section shall be deemed guilty of a contempt of court, and be punishable accordingly. ramptroUer ^^" '^^^ comptroller shall examine the statements ' transmitted to him, and shall call the trustee to account for any misfeasance, neglect, or omission which may appear on such statements, and may require the trustee to make good any loss the estate of the bankrupt may have sustained by such mis- feasance, neglect, or omission. If the trustee fail to comply with such requisition of the comptroller, the comptroller may report the same to the Court; and the Court, after hearing the explanation, if any, of the trustee, shall make such order in the pre- mises as it thinks just. *Tlie office of comptroller created by this section corresponds to the office of aooonntant in tankruptoy created by the Scottish Bankniptcy Act, 19 & 20 Vict. cap. 79, s. 156. This officer in Scotland is appointed by the Queen ; and he must be a person "versant in law and accounts ;" must hold no other office "appointed to by government;" and must not, either directly or indirectly by himself, or by a partner, be engaged in practice, &c. The salary of the accountant is SHOl. per annum, and he is allowed three clerks. The duties of the accountant are defined in the sections from 157 to 163 of the same Act. PAKT lit. CONSTITUTION AND POWERS OF COURT. 49 .58. The comptroller may at any time require any } 58—60. trustee to answer any inquiry made by him in rela- tion to any bankruptcy in which such trustee is ^oZptroUer engaged, and may, if he think fit, apply to the Court to examine on oath such trustee or any other per- son concerning such bankruptcy; he may also direct a local investigation to be made of the books and vouchers of the trustees. PART III. Constitution and Powers of Court. Description of Court. ^;„^rt to 59. From and after the commencement of this L'SSon"* Act the following provisions shall take effect with °°""'' '•™'^ respect to the Courts having jurisdiction in bank- courtZ ruptcy, and their officers; that is to say. If the person sought to be adjudged a bankrupt reside or carry on business within the London Bankruptcy District as hereinafter defined, or be not resident in England, then " the Court " shall mean, for the purposes of this Act, the Court of Bankruptcy in London as constituted by this Act, and hereinafter referred to as the London Bankruptcy Court: If the person sought to be adjudged a bankrupt, being resident in England, do not reside or carry on business within the London Bank- ruptcy District, then " the Court " shall, sub- ject to the provisions herein-after contained for removing the proceedings, mean the County Court of the district in which such person resides or carries on business, herein-after referred to as the Local Bankruptcy Court. 60. The London Bankruptcy district shall, for Definition the purposes of this Act, comprise the following London 50 BANKEUPTCT ACT, 1869. § 61—63. bankruptcy- district. Constitu- tion of the London Bankruptcy Court. Appoint- ment of regibtrars and otlier officers. Salaries of officers. places ; that is to say, the city of London and the liberties thereof, and all such parts of the metropolis and other places as are situated within the district of any county court described as a metropolitan county court in the list contained in the second schedule hereto. 6 1 . The London Bankruptcy Court shall frotn and after the commencementof this Act consist of a judge, to be called the Chief Judge in Bankruptcy, and, subject to the provisions of this Act with respect to the officers of the existing London Bankruptcy Court, of such number of registrars not exceeding four, clerks, ushers, and other subordinate officers, as may be determined by the Chief Judge with the sanction of the Treasury. Subject to the provisions of this Act with respect to the appointment of the first Chief Judge, the office of Chief Judge in Bankruptcy shall be filled by such one of the judges of Her Majesty's Superior Courts of Common Law or of Equity as may, with his assent, be assigned to hold such office by the Lord Chancellor; the judge so assigned shall hold the office of Chief Judge in Bankruptcy in addition to the office of judge in the Court to which he belongs. Any puisne judge or Vice-Chancellor appointed to any of the said Courts after the passing of this Act shall, when required by the Lord Chancellor, perform the duties of Chief Judge in Bankruptcy. 62. Subject to the provisions in this Act vrith respect to the officers of the existing London Bank- ruptcy Court, the registrars, clerks, ushers, and other subordinate officers thereof shall be appointed by the chief judge for the time being, and may be removed by him and others appointed in their stead if the judge is of opinion that they are negligent, unskilful, or untrustworthy in their performance of their duties, or ought in his opinion to be removed for any other just cause. 63. Subject as aforesaid, there shall he paid, out of monies provided by ParHament, to the registrars, clerks, ushers, and other subordinate officers such PART III. CONSTITUTION AND POWERS OF COURT. 51 salaries as the Chief Judge with the sanction of the s g* 65 Treasury may determine. '- '- 64. Subject as aforesaid, the registrars, clerks. Duties of ushers, and other subordinate officers of the London offio°era of " Bankruptcy Court shall perform such duties as may Court. from time to time be assigned to them by the Chief Judge with the assent of the Lord Chancellor. 65. The London Court of Bankruptcy shall con- Jurisdiction tinue to be a court of law and of equity and a prin- ^^l^ cipal court of record, ■•' and the Chief Judge in Bank- c»™t of luptcy shall have all the powers, jurisdiction, and niptcy. privileges possessed by any judge of Her Majesty's -Superior Courts of Common Law at Westminster, or by any judge of Her Majesty's High Court of Chan- cery, and the orders of such judge shall be of the same force as if they were judgments in the Superior Courts of Common Law or decrees in the High Court of Chancery. The Chief Judge in Bankruptcy may sit in chambers, and when in chambers shall have the same jurisdiction and exercise the same powers as if sitting in open court.f * An essential and inherent right of a Court of Kecord is the power to fine and imprison for contempt, which has been defined to be **a disobedience of the Court, or an opposing or despising the authority, justice or dignity thereof."- The immunity from -action is another privilege of a judge of record, and trespass will not lie against him, acting judicially, although without jurisdiction in fact, unless it can be shown affirmatively that he knew, or had the means of knowing, of the -defect of jurisdic- tion ; and whenever the subject matter is within his general jurisdiction the jurisdiction in the particular case is presumed. See Calder v. Hatket, 3 Moo. P. C. 28 ; and Taafe v. Dovmes, -li. 36. + Sect. 81 of the Companies Act, 1862, provides that "where the Court of Chancery in England or Ireland makes an order for winding up a company under this Act, it may, if it thinks fit, direct all subsequent proceedings for winding up the same to be had in the Court of Bankruptcy having jurisdiction in the place in which the registered office of the Company is situate ; and thereupon such last-mentioned Court of Bank- ruptcy shall, for the purposes of winding up the compauy, be deemed to be 'the Court' within the meaning of the Act, and «hall have for the purpose of such winding up all the powers of the High Court of Chancery, or of the Court of Chancery in Ireland, as the case may require." E 2 52 BAKKEUPTCY ACT, 1869. 6 66-68 66. Every judge of a local Court of Bankruptcr ^ shall, for the purposes of this Act, in addition to his o^oounty" ordinary powers as a county court judge, have all court the powers and jurisdiction of a judge of Her Ma- '"'^*''- iesty's High Court of Chancery, and the orders of such judge may be enforced accordingly in manner prescribed.* Powers of 67. The Chief Judge in Bankruptcy and every deie^to judge of a local Court of Bankruptcy may, subject authority to ^nd in accordance with the rules of Court for the registrar. ^.^^ ^^.^^^ .^ ^^^^^^ delegate to the registrar or to any other officer of his Court such of the powers vested in him by this Act as it may be expedient for the judge to delegate to him. Scale of 68. The Lord Chancellor shall, with the sanction fees. of the Treasury, from" time to time prescribe a scale^ of fees to be charged for any business done by any Court or oflficer thereof under this Act ; and the Treasury shall direct whether the same shall be im- posed by stamps or otherwise, and by whom and in what manner the same shall be collected, accounted for, and appropriated, and whether any and what remuneration shall be allowed to any person per- forming any duties under this Act.f * As to the transfer of proceedings to the London Bankruptcy Court from a local Bankruptcy Court, and from one local Bankruptcy Court to another local Bankruptcy Court, &c., see sect. 80, paragraphs 3, 5 & 6. + The Courts of Justice Salaries and Funds Act, 1869, contains- the following provisions as to fees and stamps, in relation to, among other Courts named, the Court of Bankruptcy : — Sect. 1 8. The Lord Chancellor, with the concurrence of the Treasury, may from time to time by order increase, reduce or abolish all or any of the existing fees, and appoint new fees to be taken in relation to proceedings in the Court of Bankruptcy. Until any such order is made the fees existing at the com- mencement of this Act shall continue to be taken. Sect. 19. After the commencement of this Act all fees what- ever, or payments in the nature or lieu of fees, for the time being payable in the Court of Bankruptcy, or any of the oflnces therein, including the per-centage payable out of estates of lunatics, shall, except so far as the Lord Chancellor may from time to time otherwise by order direct, be taken by means of stamps, and if taken in money in pursuance of any such order PAET ni. CONSTITUTION AND POWERS OF COURT. 53 69. No judge, registrar, or officer having jurisdic- x gg^ tion in bankruptcy, or attached to any Court having jurisdiction in bankruptcy, shall, during his •^^'^j,|^,|?^'^ continuance in office, be capable of being elected or bankruptcy ^ ° tobeineli- shall be paid into the receipt of Her Majesty's Exoliequer, and be carried to the Consolidated Fund. Sect. 20. All or any stamps to be used under this Act shall be impressed or adhesive, as the Treasury from time to time -direct. Sect. 21. The Treasury, with the concurrence of the Lord Chancellor, or, In the case of the Court of Admiralty, of the judge of that Court, may from time to time make such rules as seem fit for regulating the use of stamps under this Act, and particularly for prescribing the application thereof to documents from time to time in use or required to be used for the purposes -of such stamps, and for insuring the proper cancellation of ad- hesive stamps, and keeping accounts of such stamps. Sect. 22. Any document which ought to bear a stamp under this Act shall not be of any validity unless and until it is pro- perly stamped : but if any suck document is through mistake or inadvertence received, filed, or used without being properly stamped, the Lord Chancellor or a judge of one of the said Courts may, if he thinks fit, order that the same be tstamped as in such order may be directed, and on such docu- ment being stamped accordingly the same and every proceeding relative thereto shall be as valid as if such document had been properly stamped in the first instance. Schedule B. of the Bankruptcy Act, 1861, provided that every petition presented to the Courtof Bankruptcy, in which the assets were above SOOl., should bear a stamp of 51. ; every petition in which the assets were below 3001., should bear a stamp of 11. ; every order of discharge a stamp of 11. ; every declaration of insolvency, 2s. 6d. ; every application for a meeting, 5s., &c., &c. As the Bankruptcy Act, 1869, is silent with rfespect to the imposition of stamp duties on petitions and other proceedings, the first question likely to -arise under the new statute, in all probability will be as to the stamp duty ; but the Bankruptcy Act, 1869, must be read in ■connection not only with the Imprisonment for Debt Abolition Act, and the Insolvent Debtors and Bankruptcy Kepeal Act, but in connection with the Courts of Justice Salaries and Funds Act," the 18th sect, of which determines the question men- tioned above, by enacting as follows : — "After the commence- ment of this Act the Lord Chancellor, with the concurrence of the Treaaui-y, may from time to time by order increase, reduce, or -abolish all or any of the existing fees and appoint new fees to be taken in relation to proceedings in the Court of Bankruptcy. •Until any such order is made the fees existing at the commence- ment of this Act shall continue to be taken." 54 BANKRUPTCY ACT, 1869. ^ 70. sitting as a member of the House of Commons; and "; ^; — no registrar or officer of such Court shall, during his mpariia-' continuance in office, either directly or indirectly, by ment. himself or partner, act as an attorney or solicitor in any proceeding in any bankruptcy in any Court of which he is registrar or officer, or in any appeal from such Court, or in any ' prosecution of a bank- rupt by order of such Court, under pain of dismissal by the judge ; and such dismissal shall be in writing, stating the reasons for the same; and a. copy thereof shall be sent to the Chief Judge in Bank- ruptcy, who, if he shall see fit, may reinstate such registrar or officer. Solicitors of 70. Every attorney and solicitor of the superior Chance^ "ourts shall be, and may practise as a solicitor of, may prac- and in the Court of Bankruptcy, and in matters Bantaiptcy before the Chief Judge or registrars, in the London. Court. Court of Bankruptcy, in court or in chambers, may appear and be heard without being required to- employ counsel; and if any person not being such attorney or solicitor practises in the Court of Bank- ruptcy as attorney or solicitor, he shall be deemed guilty of a contempt of the Court."' * The Bankruptcy Act, 1861, sect. 212, provided that "every solicitor of the High Court of Chancery, now or here- after admitted as a solicitor of the Court of Bankruptcy, may practise as such solicitor in the said Court or in any District Court, and as to all matters tefore the commissioners or in chambers may appear and plead -without being required to employ counsel ; and in case any person, not being such solicitor, shall practise in the Court as a solicitor, he shall be deemed guilty of a contempt of Court,, and be liable to all thc- penalties incident thereto." In re Broadhouse Ex pm-te Broadkouse, the Court of Appeal held " that clerks to solicitors, though themselfes solicitors, not being placed on the record in the matter, or named in the proceedings, cannot claim to- appear as agents to tlieiv employers, and in this capacity exer- cise the statutory right." Lord Justice Cairns, after citin«- the above section, observed as follows :—" That section, in my opinion, d-id nothing more than this : it absolved the solicitors- of the Court from the necessity of appearing by counsel, autho- rized the solicitor to appear in his own person, but did not in anyway alter the ordinary character in which a solicitor alone is. entitled to appear in any Court, viz., the solicitor of a par- PART III. CONSTITUTION AND POWEES OF COURT. 55 71. Every Court having jurisdiction in bankruptcy , ^-y under this Act may review, rescind, or vary any '- order made by it in pursuance of this Act. Any Appeal from person aggrieved by any order of a local Bankruptcy °°™ Court in respect of a matter of fact or of law made in pursuance of this Act may appeal to the Chief Judge in Bankruptcy, and it shall be lawful for such judge to alter, reverse, or confirm such order as he thinks just. Any order made by the Chief Judge in ticular client. In that character, and that character alone, is u. solicitor entitled to appear as representing the interests of a third party. That is the condition of his being heard — and for ohvious reasons. The main object of the Court in allowing ■ and being anxious to favour the appearance of the solicitor as representing another person, is that the Court should have before it one of its own officers, who, on the one hand, is under an obligation to the Court, because he is the officer of the Court, and, on the other hand, is under an obligation, because he is in privity with the suitor, and is the actual person who represents the suitor ; and unless that chain of connexion is maintained and kept complete, the object of the Court in having the assiiitance of and allowing the work of solicitors to be so performed is entirely defeated." Lord Justice Kolt, comment- ing on the words of the section, said : "Is it a reasonable construction of language to say that the clerk of the solicitor is to practise as such solicitor in the Court of Bankruptcy ? I think itia not. I think it was not intended that he should be entitled to appear and plead. He is the mere clerk of that solicitor who is practising as such solicitor in that particular matter, and, in my opinion, he is not under that particular section entitled to appear and plead in Court. Then it is said that the practice as to agents will allow the clerk of a solicitor, being himself a solicitor, to appear and act as an agent. I think that argument also cannot be maintained. It is not necessary at all to determine whether there is any objection to a solicitor employing another solicitor in the same town or city, say London, for instance — to appear as his agent, in common- law matters, or bankruptcy matters. There can be no doubt at all that either one solicitor may employ another solicitor as such agent, although in the same town, or they may be both on the record and may appear as joint solicitors; but that does not apply to an individual retained and employed, not placed on the record nor named in the proceedings." 36 Law J. Hep. (n. s.) Bankr. 29. It may be observed that the section includes the re^strars of the London Court of Bankruptcy as well as the Chief Judge when sitting " in Court or in Chambers ; " and no doubt iis effect will be to prevent the intrusion of unauthorised persons. 56 BANKRUPTCY ACT, 1869. jj 72. Bankruptcy, whether in respect of a matter hrought before him on appeal or not, shall be subject to an ap- peal to the Court of Appeal in Chancery (which Court, for the purposes of this Act, shall be and form a Court of Kecord, and shall have all the jurisdiction, powers, and authorities of the Court of Bankruptcy, to be exercisable either originally or on appeal, and shall have all the powers and authorities of the Court of Chancery relative to the trial of questions of fact, by jury, issue, or otherwise), and also, with the leave of the Court of Appeal, to the House of Lords, but no appeal shall be entertained under this Act except in conformity to such rules of Court as may for the time being be in force in relation to such appeal.* General 72. Subject to the provisions of this Act, every bankruptcy Court having jurisdiction in bankruptcy under this courts. * As to Appeals to the House of Lords from the Court of Appeal in Chamcery sitting in Bankruptcy, see In re Newton, where the Lords Justices held that notwithstandiDg the repeal of the 18th seotion of the B. L. C. Act, 1849, by the 24 & 25 Vict. e. 134, the discretionary power of the Lords Justices, as to appeals to the House of Lords, remains. There is no right of appeal by common law to the House of Lords, 31 Law J. Eep. ^H. s.) Bankr. 81. As to re-hearinghefore the Lords Justices instead of allow- ing am appeal to the Souse of Lords, see JEx parte Drink- water In re Drinkwater, 32 Law J. Rep. (n. s.) Bankr. 20. As to the admission of fresh evidence on an appeal from a dis- trict Commissioner to the Lords Justices, see In re Potts, 31 Law J. Eep. (N. s.) Bankr. 34 ; also Hx parte Page In re Neal, 1 De Gex, J. & S. 283 ; and Ex parte Miller In re Miller, 32 Law J. Eep. (n. s.) Bankr. 45. A creditor who has not proved his debt when an order of discharge is granted cannot appeal against the order. Ex parte Greenwood In re Monk and Brooks, 33 Law J. Eep. (n. b.) Bankr. 50. As to Costs. In re Byrne, the appellant had successfully appealed from an order of the Commissioner requiring him to produce the books of his employers, and Lord Chancellor Oran- worth gave the appellant the costs of the application to dis- charge the order of the Commissioner. 1 Law J. (Notes of Cases) 166, The above cases are given, as they will no doubt affect the course of procedure in appeals from the local Bankruptcy Courts to the Court of the Chief Judge in London. The country District Courts of Bankruptcy are, by sect. 130, abolished "at the commencement of the Act ;" aud their PAET III. CONSTITUTION AND POWERS OF COURT. 57 Act shall have full power to decide all questions of j 73, priorities, and all other questions whatsoever, whether of law or fact, arising in any case of hank- luptcy coming within the cognizance of such Court, or which the Court may deem it expedient or neces- sary to decide for the purpose of doing complete justice or making a complete distribution of pro- perty in any such case; and no such Court as afore- said shall be subject to be restrained in the execu- tion of its powers under this Act by the order of any other Court, nor shall any appeal lie from its deci- sions, except in manner directed by this Act ; and if in any proceeding in bankruptcy there arises any question of fact which the parties desire to be tried before a jury instead of by the Court itself, or which the Court thinks ought to be tried by a jury, the business is to be wound up by the registrar, who may be con- tinued in office for a time, — and the residue is to be transferred to the London Court or to such ' 'County Court or County Courts " as the Lord Chancellor may direct. All the County Courts are not to become local Bankruptcy Courts ; but one in each district is to be clothed with bankruptcy jurisdiction ; and this arrangement may be a matter of convenience both to the prac- titioner and to the public — because, no doubt, in a central and important town there will be attached to the Court an efdcient staff of officers always available for bankruptcy business. See sect. 79, which authorizes the Lord Chancellor to exclude any County Court from having jurisdiction in bankruptcy, &c. Appeals from the country District Courts were to the Court of Appeal in Chancery, sitting in bankruptcy ; but after the transfer of this business to a local Bankruptcy Court, will the appeal be, as heretofore, to the Lords Justices, or to the Chief Judge in Bankruptcy ? Under the Bankruptcy Act, 1861, sect. 66, every decision of a county court judge, acting in bankruptcy, was subject to appeal to the Court of Appeal in Chancery. With regard to new business in the local Bankruptcy Courts the appeal must be to the Chief Judge; but the Insol- vent Debtor and Bankruptcy Repeal Act, by sect. 20, provides 3S follows : — "nor shall this repeal interfere with the prosecu- tion or affect the course of any legal proceeding pending in bankruptcy, or otherwise " before the commencement of this Act. Will the business transferred to the local Bankruptcy Courts, and the business in the county courts exercising bank- ruptcy jurisdiction, under the Act of 1861, and pending on the ist of January, 1870, come within the saving words above- mentioned, and thus require theappealto be to theLords Justices ? 58'. BANKKUPTCT ACT, 1869. { 73. Court may direct such trial to be Lad, and such • '- — trial may be had accordingly, in the London Court of Bankruptcy, in the same manner as if it were the trial of an issue in one of the Superior Courts of Common Law, and in the County Court in the manner in which jury trials in ordinary cases are by law held in such Court.* Orders and Warrants of Court. Enforce- 73. Any Order made by a Court having jurisdic- ment of tiou in bankruptcy in England under this Act shall ordera°of*° be enforced in Scotland and Ireland in the Courts courts. having jurisdiction in bankruptcy in such countries respectively, in the same manner in all respects as if such order had been made by the Courts which are hereby required to enforce the same; and in like manner any order made by the Court in Scotland having jurisdiction in bankruptcy shall be enforced in England and Ireland, and any order made by the Court having jurisdiction in bankruptcy in Ireland shall be enforced in England and Scotland by the Courts respectively having jurisdiction in bankruptcy in the division of the United Kingdom where the orders made require to be enforced, and in the same * This section confers upon the Court full power to deal with and decide any question which may arise in the course of the bankruptcy. For example, if the validity of a setllelnent were im- peached under the Act of the 5th of Eliz. , or the 91st sect, of the Banlcruptcy Act, 1869, the parties, instead of being compelled to incur the expenses of a suit in Chancery, would only have to take a pimple proceeding in the Court of Bankruptcy to have the question decided by the chief judge sitting by himself or with the assistance of a jury. The same simple procedure would no doubt be applied to the determination of questions respecting " order and disposition" — bills of sale, fraudulent preferences, &c. It may be assumed also that if in such and similar cases, any party should have recourse to a tribunal having concurrent jurisdiction, the Court of Bankruptcy, under sect. 13 of the Act of 1869, would have power to restrain such proceeding, whether a suit in Chancery or an action at common- law. This is the first definite attempt which has been made to confer upon one Court plenary jurisdiction in all matters coming before it— and thus may be jegarded as a most iiB,por- tant experiment in legislation. PAKT lU. CONSTITUTION AND POWERS OF COUKT. 59 manner in all respects as if such order had been x 74—76 made by the Court required to enforce the same in a '- case of bankruptcy within its own jurisdiction.* 74. The London Bankruptcy Court, the Local Courts in Bankruptcy Court, the Courts having jurisdiction in be°?MUia?y bankruptcy in Scotland and Ireland, and every British *°uS,^'l Court elsewhere having jurisdiction in bankruptcy or insolvency, and the officers of such Courts respec- tively, shall severally act in aid of and be auxiliary to each other in all matters of bankruptcy, and an order of the Court seeking aid, together with a request to another of the said Courts, shall be deemed sufficient to enable the latter Court to exer- cise, in regard to the matters directed by such order, the Hke jurisdiction which the Court which made the request, as well as the Court to which the request is made, could exercise in regard to similar matters within their respective jurisdictions. + 75. Any Court having jurisdiction in bankruptcy Examina- in England under this Act may, if it thinks fit, g°V° , order that a person named in the order being in Ireland. Scotland or in Ireland shall be examined there.J 76. Any warrant of a Court having jurisdiction in warrantaof bankruptcy inEngland under this Act may be enforced coJ^™^*"* in Scotland, Ireland, the Isle of Man, the Channel Islands, and elsewhere in Her Majesty's dominions, in the same manner and subject to the same privi- leges in and subject to which a warrant issued by any justice of the peace against a person for an in- dictable offence against the laws of England may be executed in such countries respectively in pursuance of the Acts of Parliament in that behalf; and any search warrant issued by a Court having jurisdiction in bankruptcy under this Act for the discovery of any property of a bankrupt may be executed in manner prescribed or in the same manner and subject to the same privileges in and subject to * See sect. 219 of the Bantmptcy Act, 1861. + See sect. 220 of the Bankruptcy Act, 1863. t See sects. 216 & 217 of the Bankruptcy Act, 1861, which prescribe, in detail, the mode and manner of examination. 60 BANKRUPTCY ACT, 1869. § 77 78. which a search warrant for property supposed to be stolen may be executed according to law. Commit- 11 ■ Where any Court having jurisdiction in bank- mentto ruptcy Under this Act commits any person to prison, the commitment may be to such convenient prison as the Court thinks expedient, and if the gaoler of any prison refuses to receive any prisoner so committed he shall be liable for every such refusal to a penalty not exceeding one hundred pounds. General Sules. STes'S be 78. The Lord Chancellor, with the advice of the made by Chief Judge in Bankruptcy, may from time to time ceiior, with make, and may from time to time revoke and alter, chierud e g^'^^'^l rules, in this Act described as rules of Court, for the eifectual execution of this Act, and of the objects thereof, and the regulation of the prac- tice and procedure of bankruptcy petitions and the proceedings thereon. Any general rules made as aforesaid may prescribe regulations as to the service of bankruptcy petitions, including provisions for substituted service ; as to the valuing of any debts proveable in a bankruptcy; as to the valuation of securities held by creditors ; as to the giving or withholding interest or discount on or in respect of debts or dividends; as to the funds out of which costs are to be paid, the order of payment, and the amount and taxation thereof; and as to any other matter or thing, whether similar or not to those above enumerated, in respect to which it may be expedient to make rules for carrying into effect the objects of this Act; and any rules so made shall be deemed to be within the powers con- ferred by this Act, and shall be of the same force as if they were enacted in the body of this Act. Any rules made in pursuance of the section shall be laid before Parliament within three weeks after they are made, if ParHament be then sitting; and if Parliament be not then sitting, within three weeks after the beginning of the then next session of Par- PAET IV. SUPPLEMENTAL PEOVISIOKS. 61 liament, and any rules so made shall be judicially { 79 80. noticed. ^ Until rules have been made in pursuance of this Act, and so far as such rules do not extend, the principles, practice, and rules on which Courts having jurisdiction in bankruptcy have heretofore acted in dealing with bankruptcy proceedings shall be observed by any Court having jurisdiction in bankruptcy cases under this Act.* Change of Jurisdiction hy Chancellor. 79. Notwithstanding anything in this Act con- Change of tained, the Lord Chancellor may from time to time, by^Lord '"" by order under his hand, exclude any county court chanceUor. from having jurisdiction in bankruptcy, and for the purposes of bankruptcy jurisdiction may attach its district or any part thereof to any other county court or courts, and may from time to time revoke or alter any order so made. PAET IV. Supplemental Provisions. As to Froceedings. 80. The following regulations shall be made with Suppie- respect to proceedings in bankruptcy; namely, ^laUons^as (1.) Every bankruptcy petition shall be accom- *" p™"^^"!- panied by an afiSdavit of the petitioner in bankruptcy. * The power given by this section to make, revoke, and alter general mles, not only for the particular purposes specified " but as to any other matter or thing, whether similar or not," and the further provision that "any rules so made shall be deemed to be within the powers conferred by this Act, and shall be of the same force as if they were enacted in the body of this Act," are so extensive that Lord Cairns described them as anthorizing the Lord Chancellor in reality to frame a new bantrnptcy law. The words of the section, no doubt, will form the subject of judicial interpretation. 62 BANKRUPTCY ACT, 1869. j 80. the prescribed form, verifying the state- — ments contained in such petition : (2.) Where two or more bankruptcy petitions are presented against the same debtor or against debtors being members of the same partnership, the Court may con- soHdate the proceedings, or any of them, upon such terms as the Court thinks fit: (3.) Where proceedings against the debtor are instituted in more courts than one the London Court of Bankruptcy may, on the apphcation of any creditor, direct the transfer of such proceedings to the London Court of Bankruptcy, or to any local bank- ruptcy Court: (4.) Where the petitioner does not proceed with due diligence on his petition the Court may substitute as petitioner any other creditor to whom the debtor may be in- debted in the amount required by this Act in the case of a petitioning creditor: (5.) Where the creditors resolve by a special resolution that it will be more convenient that the proceedings in any local bank- ruptcy Court should be transferred to the London court or to some other local Court, or where the judge of a local Court cer- tifies that in his opinion the bankruptcy would be more advantageously conducted in the London Court or in some other local Court, and the creditors do not by resolution object to the transfer, the peti- tion shall be transferred to and all subse- quent proceedings thereon had in the London Court or such other local Court: (6.) Subject to the provisions of this Act, every Court having original jurisdiction in bank- ruptcy shall be deemed to be the same Court, and to have jurisdiction throughout England; and cases may be transferred PART IV. SUPPLEMENTAL PEOTISIONS, 63 from one Court to another in such manner i gg. as may be prescribed : ' (7.) A corporation may prove a debt, vote, and otherwise act in bankruptcy, bj' an agent duly authorised under the seal of the corporation:* (8.) A creditor may, in the prescribed manner, by instrument in writing, appoint a person to represent him in all matters relating to any debtor or his affairs in vehich a cre- ditor is concerned in pursuance of this Act, and such representative shall there- upon, for all the purposes of this Act, stand in the same position as the creditor ■who appointed him:f (9.) When a debtor who has been adjudicated a bankrupt dies, the Court may order that the proceedings in the matter be con- tinued as if he were alive : (10.) The Court may, at any time, on proof to its satisfaction that proceedings in bank- ruptcy ought to be stayed, by reason that negotiations are pending for the liquida- * This provision Tirtually repeals, as far as bankruptcy is concerned, sect. 64 of the Companies' Act, 1862, which enacts as follows :— "Any summons, notice, order, or proceeding re- qniring authentication by the company, may be signed by any director, secretary or other authorized officer of the company, and need not be under the common seal of the company." The practice of the London Conrt has been to hold a proof on the part of a company to be "a proceeding " within the section — and, therefore, not requiring to be authenticated by the seal of the company. + The agent when duly appointed will be entitled to attend all meetings, to vote for and against all resolutions, to sign all necessary papers and documents, to inspect the books of the trustee (sect. 22), and to act generally as his principal would have done had he attended personally. But in con- nection with this paragraph must be read sect. 70, which provides, "if any person, not being an attorney or solicitor, practises in the Court of Bankruptcy as attorney or solicitor, he shall be deemed guilty of a contempt of the Court." There- fore, an agent would not be permitted to argue any question or perform any of the duties which properly belong to a solicitor. 64 BANKRUPTCY ACT, 1869. § 81. Conse-' quences of aTinuUing of adjudi- cation. tlon of the affairs of the bankrupt by arrangement or for the acceptance of a composition by the creditors in pursuance of the proTisions herein-after contained, or on proof to its satisfaction of any other sufficient reason for staying the same, make an order staying the same, either altogether or for a limited time, on such terms and subject to such conditions as the Court may think just.* 81. Whenever any adjudication in bankruptcy is annulled all sales and dispositions of property and payments duly made, and all acts theretofore done, by the trustee or any person acting under his authority, or by the Court, shall be valid, but the property of the debtor vfho was adjudged a bankrupt shall in such case vest in such person as the Court may appoint, or in default of any such appointment revert to the bankrupt for all his estate or interest therein upon such terms and subject to such condi- tions, if any, as the Court may declare by order. A copy of the order of the Court annulKng the adjudication of a debtor as a bankrupt shall be forthvfith published in the London Gazette and ad- vertised locally in the prescribed manner, and the production of a copy of the Gazette containing such order shall be conclusive evidence, of the fact of the adjudication having been annulled, and of the terms of the order annulling the same."!" * This is a very useful provision and similar in principle to that contained in sect. 199 of the Bankruptcy Act, 1861, which enabled the Court to stay proceedings in the bankruptcy after the execution of the deed by the debtor, pending the time allowed for registration. + As to the effect of " annulling " reference may be made to the following recent case (not yet reported) ; the facts of which are as follows : — Mrs. Graham having a power of appointment over certain property, subject to the life interest therein of her mother, Mrs. Payne, by her will, dated the 16th of February, 1863, directed the trustees to pay to her husband, the defendant, H. C. Tem- pest Graham, out of the income of the trust property, and, if PART IV. SUPPLEMENTAL PROVISIONS. 65 82. No proceeding in bankruptcy shall be inva- j 92 83. lidated by any formal defect or by any irregularity, ' unless the Court before which an objection is made fe°™nlf to to such proceeding is of opinion that substantial in- invaUdato justice has been caused by such defect or irregu- p'"""'" '"s^' larity, and that such injustice cannot bo remedied by any order of such Court. As to Trustees and Committee of Inspection. S3. The following regulations shall be made with Regulations respect to the trustee and committee of inspection : ^^^ ^''™" insufficient, out of the capital, an annuity of 100^. during his life, but with a direction that if lie should become bankrupt, or should assign, charge or encumber, or suffer any act whereby the same or any part thereof would, if belonging absolutely to him, become vested in any other person or persons, then and in such case the said annuity should not be payable, or should cease to he payable, as the case might require, in the same manner as if her said husband were dead. By a codicil to her will made in May, 1864, the annuity was increased from lOOZ. to 150<. Mrs. Graham died in June, 1864. In January, 1868, Mr. Graham was adjudicated bankrupt on his own petition. On the 4th of April, 1868, Mrs. Payne, the tenant for life of the property, died, and on the 21st of July in that year jin order was made by the Court of Bankruptcy, upon the petition of Graham, with the consent of his creditors, annulling his bank- ruptcy. The main question in the suit was whether Graham was entitled to his annuity, or whether the clause of forfeiture took effect by reason of the existence of the bankruptcy at the time when the tenant for life died. Vice-Chancellor James said that the cases all proceeded upon this principle, that the general intention of gifts of this kind is the personal enjoyment of the legatee, and if that personal enjoyment is defeated by the bank- ruptcy alienation, or any act on the part of the legatees, then the clause of forfeiture takes effect. What was the position of affairs when the annuity first became payable, on the 4th of April, 1869 ? On the 4th of April, 1868, when the tenant for life died, Mr. Graham had been adjudicated bankrupt, and if that state of things had continued^ the annuity would have been forfeited. But the bankrupt, possibly from the death of the tenant for life, was minded to exert himself, and on the 21st of July, 1868, succeeded in getting rid of the adjudication, so that before the annuity became actually payable (April, 1869) he ceased to be a bankrupt. The annulment did relate back to the adjudication, and the result of the whole thing was that before the forfeiture could arise the cause for forfeiture was gone. The defendant had ceased to be a bankrupt, and the clause of forfeiture 66 BANKRUPTCY ACT, 1869. § 83. (!•) The creditors may, if they think fit, appoint more persons than one to the office of trustee, and where more than one are ap- pointed they shall declare whether any act required or authorised to be done by the trustee is to be done by all or any one or more of such persons, but all such perr sons are in this Act included under the term "trustee," and shall be joint tenants of the property of the bankrupt. The creditors may also appoint persons to act as trustees in succession in the event of one or more of the persons first- named declining to accept the office of trustee : (2.) If any vacancy occur in the office of trustee by death, resignation, or otherwise, the creditors in general meeting shall fill up such vacancy, and a general meeting for the purpose of filling up such vacancy may be convened by the continuing trustee, if there be more than one, or by the registrar on the requisition of any creditor: (3.) If, through any cause whatever, there is no trustee acting during the continuance of a bankruptcy, the registrar of the Court for the time being having jurisdiction in the bankruptcy shall act as such trustee: (4.) The Court may, upon cause shown, remove any trustee. The creditors may, by spe- cial resolution at a meeting specially called for that purpose, of which seven days' notice has been given, remove the trustee and appoint another person to fill his office, and the Court shall give a certificate declaring him to be the trustee :"' did not take effect. {Tmppee v. Meredith, before Vice-Chan' cellor James, December 9th, 1869, Weekly Notes, 1869, 265,) * The power conferred upon the creditors to remove a trustee by special resolution at a meeting specially called for the purpose, ' appears to be unlimited, since no provision is made for PART rV. SUPPLEMENTAL PROVISIONS. 67 (5.) If a trustee be adjudged bankrupt, he shall § gs. cease to be trustee, and the registrar shall, if there be no other trustee, call a meeting of creditors for the appointment of another trustee in his place: (6.) The property of the bankrupt shall pass from trustee to trustee, including under that term the registrar when he fills the office of trustee, and shall vest in the trustee for the time being during his con- tinuance in office, without any conveyance, assignment, or transfer whatever: (7,) The trustee of a bankrupt may sue and be sued by the official name of " the trustee of the property of a bankrupt,' inserting the name of the bankrupt, and by that name may hold property of every description, make contracts, sue and be sued, enter into any engagements binding upon himself and his successors in office, and do all other acts necessary or expe- dient to be done in the execution of his office: (8.) The certificate of appointment of a trustee shall, for all purposes of any law in force in any part of the British dominions re- quiring registration, enrolment, or record- ing of conveyances or assignments of pro- perty, be deemed to be a conveyance or assignment of property, and may be registered, enrolled, and recorded accord- ingly : (9.) All acts and things by this Act authorised or required to be done by or to the registrar may be done within' the district of e?eh any appeal to the Court by or on behalf of the removed trustee. In all probability, the creditors, when dissatisfied with the conduct of the trustee, will, as a matter of justice to the trustee, instead of passing a special resolution, apply to the Court and show cause for his removal. F 2 68 BANKRUPTCY ACT, 1869. t g3_ Court having jurisdiction in bankruptcy by or to the registrar of that Court: (10.) Any member of the committeie of inspection may resign his office by notice in writing . signed by him, and delivered to the trustee s (11.) The creditors may by resolution iSx the quorum required to be present at a meet- ing of the committee of inspedtion:* (12.) Any member of the committee of inspection may also be removed by a special resolu- tion at any meeting of breditbrs of which the prescribed notice has been given, stating the object of the meeting: (13.) On any vacancy occurring in the office of a member of the committee of inspection by removal, de^th, resignation, or otherwise, the trustee shall convene a meeting of cre- ditors for the purpose of filling up such vacancy: (14.) The continuing members of the committee of inspection may act, notwithstanding any vacancy in their body; and where the number of members of the committee of inspection is for the time being less than five, the creditors rnay increase that number so that it do not exceed fivfe : (15.) No defect or irregularity in the election of a trustee or of a member of the committee of inspection shall vitiate any act bona fide done by him; and no act or proceeding of the trustee or of the creditors shall be invalid by reason of any faihire of the cre- ditors to elect all or any mfembers of the committee of inspection : (16.) If a member of the committee of inspection become a bankrupt his office shall there- upon become vacant: It is presumed that the quorum of the committee of in- spection will be determined at the first meeting held under sect. 16. PA3T IV, SpPPLEMEaiTAL PROVISIONS. 69 (17.) Where there is no committee of inspection, j 84—86. Wy Jict or thing or any direction or con- ' sent hy this Act authorized or required to he done or given hy such committee may lf -which allowing the seques- trator to pay an annijal sura to the bankrupt "while he per- forms the duties of the parish or place," was originally sug- gested by Lofd St. Leonards in his valuable Handy-BoQk on Property Law, 7th edit|ion, p. 75. But the proviso as to priority and notice is now for the fi,r5t time introdu.ced. See on this point H r— ' o aj t» d M F-i *w "o fl «-l " 9J M := ■ - t- 55 'S ai tB 4j (H o g W d QJ ^'^ O fl ^ "^^ -e -tf 3 -g t d . d - a " i^s ^ a> o) t^ i t. o s ® 3 3 ' a> g^.'2.S°|- 8=^:^5=2 g 2 i Ph <0 3- tjO ^^ « -^ -- - - ^53 2^ o^ ■<=■ '^ ^^ _^ S ,o -2 •" 'TIS 5,=*H p 60 g^-Cl " o^ S d 2 O M 'TS +3 ^ ■H o o o ^ , _y (D u d ^ eci 'S i^ S ' ;;; O 9 OO 5 S -as CD ■S g o g a. PI 3 P-l « .g ,f5 j& > I I Ol (U - "S ■ § ■a „ •43 - s5 S s = e-S; o "■• c .3 II t- «J =- Oi it gP3 " P.S CD 05 rr s -^ = or'a-E',„M S.St; 9 £ 61 ; « S -t? ., g ^ M ta '3 n a S d to fH ^^ 2 -i M OJ "oj CD 45 i§a " d.S ^ o w P-CQ d o p^ °P d ^ . bO-I-' .?r to CD E3 d " o i 2-° fl o oT !3 " o o ™ a| ' d -^ 3 4J +J o _i^ i S g'i^"!^ 3 n « " d d n-^ 1 <<< CD ^ ^ CM fl ° o rt Ph '^^ 0.3 i ci o o .fl 4J +* 4J C3 O O <0 OO OO •^1 PART II. REPEAL. 119 «i;i^°o.S^ 111 •2 S* ° Sf-S a ~ £ f^i g -B " a S -g S <3 1^1 ill: a ° >» a a|.§--:3 -^ Jj H-* '^ -£ I« O ci xa bO-t-" .-, ■2<»aag.g-'^-*'3 * S ''^ £="3.3 -a a'S af^J a a--^" a^ ai a a -■ o a *— ' (D ta o a 3 c|§ <1'° j^ a t>*"S,"*^ rt to o^ C O ° pq^ a " " s o CD .g > O rH (M -* ■<*< > (^ <@ =16 ." -2 o w " 00 OS T-i rH t* 00 to i-i' a. i> f>t>!^ ;> Jg .a=8^ -8 THE DEBTORS ACT, 1869. 1-4. 32 & 33 VICT. CHAP. 62. An Act for the Abolition of Imprisonment for Debt, for the punishment of Fraudulent Debtors, and for other purposes. [9th August, 1869. Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : Freliminary. 1. This Act may be cited for all purposes as " The Debtors Act, 1869." Extent of 2. This Act shall not extend to Scotland or Act. Ireland. _ ™, . . 1 n , • , , • . •! Commence- 3. This Act shall not come mto operation until ment and the day on which The Bankruptcy Act, 1869, comes °?\'^''=*'°'' into operation, which day is hereinafter referred to as the commencement of this Act, and words and expressions defined or explained in The Bankruptcy Act, 1869, shall have the same meaning in this Act. Short title. PART I. Abolition of Imprisonment /or Debt. 4. With the exceptions herein-after mentioned. Abolition ot no person shall, after the commencement of this Act, ™p^j°°- 122 IMPEISONMENT FOB DEBT. §5. debt, with exceptions. Saving of power of committal for small debts. be arrested or imprisoned for making default in pay- ment of a sum of money. There shall be excepted from the operation of the above enactment: (1.) Default in payment of a penalty, or sum in the nature of a penalty, other than a penalty in respect of any contract: (2.) Default in payment of any sum recoverable summarily before a justice or justices of the peace: (3.) Default by a trustee or person acting in a fidu- ciary capacity and ordered to pay by a Court of Equity any sum in his possession or under his control: (4.) Default by an attorney or solicitor in payment of costs when ordered to pay costs for misconduct as such, or in payment of a sum of money when ordered to pay the same in his character of an officer of tlie court making the order: (5.) Default in payment for the benefit of cre- ditors of any portion of a salary or other income in respect of the payment of which any Court having jurisdiction in bank- ruptcy is authorized to make an order : (€.) Default in payment of sums in respect of the payment of which orders are in this Act authorized to be made : Provided, first, that no person shall be imprisoned in any case excepted from the operation of this sec- tion for a longer period than one year; and, secondly, that nothing in this section shall alter the effect of any judgment or order of any Court for pay- ment of money except as regards the arrest and im- prisonment of the person making default in paying such money. 5. Subject to the provisions herein-after men- tioned, and to the prescribed rules, any Court may commit to prison for a term not exceeding six weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment PART I. ABOLITIOKMENT. 123 of any debt due from him in pursuance of any j 5. order or judgment of that or any other competent " Court. Provided — (1.) That the jurisdiction by this sec- tion given of committing a person to prison shall, in the case of any Court other than the superior Courts of Law and Equity, be exercised only subject to the following restrictions; that is to say, (o.) Be exercised only by a judge or his deputy, and by an order made in open Court and showing on its face the ground on which it is issued: (J.) Be exercised only as respects a judgment of a Superior Court of Law or Equity when such judgment does not exceed fifty pounds, exclusive of costs: (c.) Be exercised only as respects a judgment of a County Court by a County Court judge or his deputy. (2.) That such jurisdiction shall only be exercised where it is proved to the satisfaction of the Court that the person making default either has or has had since the date of the order or judgment the means to pay the sum in respect of which he has made de- fault, and has refused or neglected, or refuses or neglects, to pay the same. Proof of the means of the person making default may be given in such manner as the Court thinks just; and for the purposes of such proof the debtor and any witnesses may be summoned and examined on oath, according to the prescribed rules. Any jurisdiction by this section given to the supe- rior Courts may be exercised by a judge sitting in chambers, or otherwise, in the prescribed manner. For the purposes of this section any Court may direct any debt due from any person in pursuance of any order or judgment of that or any other com- petent court to be paid by instalments, and may from time to time rescind or vary such order : Persons committed under this section by a su- perior Court may be committed to the piisou ia 124 IMPEISONMENT FOR DEBT. J 6. which they would have been confined if arrested on a writ of capias ad satisfaciendum, and every order of committal by any superior Court shall, subject to the prescribed rules, be issued, obeyed, and executed in the like manner as such writ. This section, so far as it relates to any County Court, shall be deemed to be substituted fbr sections ninety-eight and ninety-nine of the County Court Act, 1846, and that Act and the Acts amending the same shall be construed accordingly, and shall ex- tend to orders made by the County Court with re- spect to sums due in pursuance of any order or judgment of any Court other than a County Court. No imprisonment under this section shall operate as a satisfaction or extinguishment of any debt or demand or cause of action, or deprive any person of any right to take out execution against the lands, goods, or chattels of the person imprisoned, in the same manner as if such imprisonment had not taken place. Any person imprisoned under this section shall be discharged out of custody upon a certificate signed in the prescribed manner to the effect that he has satisfied the debt or instalment of a debt in respect of which he was imprisoned, together with the pre- scribed costs (if any).* Power 6- After the commencement of this iiuct a person tain^T^"^' ^^^'^ ""* ^® arrested upon mesne process in any action. stances to Where the plaintiff in any action in any of Her fSnt^" Majesty's Superior Courts of Law at Westminster, about to in which, if brought before the commencement of ^d. ^ tWs Act, the defendant would have been liable to arrest, proves at any time before final judgment by evidence on oath, to the satisfaction of a judge of one of those Courts, that the plaintiff has good cause of action against the defendant to the amount of fifty pounds or upwards, and that there is pro- bable cause for believing that the defendant is about to quit England unless he be apprehended, and that * See Regulse Generales, poat, 1, 2, 3, 4, 5. PART I. ABOLITIONMENT. 125 the absence of the defendant from England will f 7. materially prejudice the plaintiff in the prosecution of his action, such judge may in the prescribed manner order such defendant to be arrested and im- prisoned for a period not exceeding six months, unless and until he has sooner given the prescribed security, not exceeding the amount claimed in the action, that he will not go out of England without the leave of the Court. Where the action is for a penalty or sum in the nature of a. penalty, other than a penalty in respect of any contract, it shall not be necessary to prove that the absence of the defendant from England will materially prejudice the plaintiff in the prosecution of his action, and the security given (instead of being that the defendant will not go out of England) shall be to the effect that any sum recovered against the defendant in the action shall be paid, or that the defendant shall be rendered to prison.* 7. Where any person is, at the commencement of Discharge of this Act, in custody in pursuance of a writ, attach- Jug^dy at ment, or other process in any case ill which he the com- would not be liable to be arrested or imprisoned S^SaS. after the commencement of this Act, such person shall at the commencement of this Act, be dis- charged from such custody without payment of any fees, but his arrest, imprisonment, or discharge shall not affect the creditor's rights or remedies for en- forcing the payment of any money due to him; or deprive the creditor of the benefit of any charge or security on any property of the debtor. Where at the commencement of this Act special bail has been given in any action the defendant in which after the commencement of this Act cannot be imprisoned on making default in satisfying the judgment recovered against him in such action, the condition of such bail, instead of being that the judgment shall be satisfied or the defendant ren- dered to prison, shall be deemed to be that the de- * See KegulsB Generales, pos«j 6, 7) 8, 9, 10, 11. 126 IMPEISONMENT FOK DEBT. § 8—11. fendant shall not go out of England without leave of the Court. Saving for 8- Sequestration against the property of a debtor sequestra- may, after the commencement of this Act, be issued property"^ by any Court of Equity in the same manner as if such debtor had been actually arrested. Saving for 9- Nothing in this part of this Act shall in any Bankruptcy way affect any right or power, under the Bankruptcy ct, 1869. j^^^^ 1869, to arrest or imprison any person. T, « -f 10. In this part of this Act the term "pre- Definition •, j ,, j- n of "pre- scribed means as lollows: — scribed." ^^ respects the superior courts of Common Law, prescribed by general rules to be made in pursu- ance of The Common Law Procedure Act, 18.52; As respects the superior Courts of Equity, pre- scribed by general rules and orders to be made in pursuance of the Act of the session of the fifteenth and sixteenth years of the reign of her present Majesty, chapter eighty; As respects the County Courts, prescribed by ge- neral rules to be made under the County Court Act, 1856; and As respects any other Court, prescribed by the rules to be made, with the approval of the Lord Chancellor, by the persons having power to make rules in relation to the practice of such Court; or if there be no such persons, by the judge of such Court : And general rules and orders may respectively be made by such authorities as aforesaid, for the purpose of carrying into effect this part of this Act. PART II. Funishment of Fraudulent Debtors. Punishment 11. Any person adjudged bankrupt, and any per- fentdebtors. SOU whose affairs are liquidated by arrangement in pursuance of the Bankruptcy Act, 1869, shall, in each of the cases following, be deemed guilty of a PART II. FRAUDULENT DEBTORS. 127 misdemeanor, aud on conviction thereof sliall be ^ n. liable to be imprisoned for any time not exceeding two years, with or without hard labour; that is to say, (1.) If he does not, to the best of his knowledge and belief, fully and truly discover to the trustee administering his estate for the benefit of his creditors all his property, real and personal, and how, and to whom, aud for what consideration, and when he disposed of any part thereof, except such part as has been disposed of in the ordi- nary way of his trade (if any), or laid out in the ordinary expense of his family, un- less the jury is satisfied that he had no intent to defraud: (2.) If he does not deliver up to such trustee, or as he directs, all such part of his real and personal property as is in his custody or under his control, and which he is required by law to deliver up, unless the jury is satisfied that he had no intent to defraud : (3.) If he does not deliver up to such trustee, or as he directs, all books, documents, papers, and writings in iiis custody or under his control relating to his property or affairs, unless the jury is satisfied that he had no intent to defraud: (4.) If after the presentation of a bankruptcy petition against him or the commencement of the liquidation, or within four months next before such presentation or com- mencement, he conceals any part of his property to the value of ten pounds or upwards, or conceals any debt due to or from him, unless the jury is satisfied that he had no intent to defraud: (5.) If after the presentation of a bankruptcy pe- tition against him or the commencement of the liquidation, or within four months next before such presentation or commencement, he fraudulently removes any part of his 128 IMPRISONMENT FOE DEBT. { lj_ property of the value of ten pounds or ■ upwards : (6.) If he makes any material omission in any statement relating to his affairs, unless the jury is satisfied that he had no intent to defraud: (7.) If, knowing or believing that a false debt has been proved by any person under the bank- ruptcy or liquidation, he fail for the period of a month to inform such trustee as afore- said thereof: (8.) If after the presentation of a bankruptcy pe- tition against him or the commencement of the liquidation he prevents the production of any book, document, paper, or writing affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law: (9.) If after the presentation of a bankruptcy pe- tition against him or the commencement of the liquidation, or within four months next before such presentation or commence- ment, he conceals,, destroys, mutilates, or falsifies, or is privy to the conceal- ment, destruction, mutilation, or falsifi- cation of any book or document affecting or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law: (10.) If after the presentation of a bankruptcy pe- tition against him or the commencement of the liquidation, or within four months next before such presentation or commencement, he makes or is privy to the making of any false entry in any book or document affect- ing or relating to his property or affairs, unless the jury is satisfied that he had no intent to conceal the state of his affairs or to defeat the law: PABT n. FRAUDULENT DEBTORS. 129 (1 1.) If after the presentation of a bankruptcy ps- { n. tition against him or the commencement of— the hquidation, or within four months next before such presentation or commencement, he fraudulently parts with, alters, or makes any omission, or is privy to the fraudulently parting with, altering, or making any omis- sion in any document affecting or relating to his property or affairs: (12.) If after the presentation of a bankruptcy petition against him or the commencement of the liquidation, or at any meeting of his creditors within four months next before such presentation or commencement, he attempts to account for any part of his property by fictitious losses or expenses : (13.) If within four months next before the pre- sentation of a bankruptcy petition against him or the commencement of the liquida- tion, he, by any false representation or other fraud, has obtained any property on credit and has not paid for the same: (14.) If within four months next before the pre- sentation of a bankruptcy petition against him or the commencement of the liquida- tion, he, being a trader, obtains, under the false pretence of carrying on business and dealing in the ordinary way of his trade, any property on credit and has not paid for the same, unless the jury is satisfied that he had no intent to defraud: (1 5.) If within four months next before the pre- sentation of a bankruptcy petition against him or the commencement of the liquida- tion, he, being a trader, pawns, pledges, or disposes of otherwise than in the ordinary way of his trade any property which he has obtained on credit and has not paid for, unless the jury is satisfied that he had no intent to defraud: (16.) If he is guilty of any false representation or 130 IMPKISONMENT FOE DEBT. J IS— 14. other fraud for the purpose of ohtaining the consent of his creditors or any of them to any agreement with reference to his affairs or his bankruptcy or liquidation. Penalty for 12i If any person who is adjudged a bankrupt or tuh™ro°^ has his affairs liijuidated by arrangement after the perty. presentation of a bankruptcy petition against him or the Commencement of the liquidation, or within four montts befoi-e such presentation or commencement, quits England and takfes with him, or attempts or makes preparation for quitting England and for taking with him, any part of his property to the iimount of twenty pounds or upwards; whidh oUght by law to be divided amongst his creditors, he shall (unless the jury is Satisfied that he had no intent to defraud) be guilty of felony, punishable with imprisonment for a time not exceeding two years, with or without hard labour. Penalty on 13. Any person shall in each of the cases folldw- obtafninS"'' ing be deemed guilty of a misdetneanorj and on con- credit, te. viction thereof shall be liable to be imprisoned for any time not exceeding one year, with or without hard labour; that is to say, (1.) If in incurring any debt or liability he has obtained credit under false pretences, or by means of any other fraud; (2i) If he has with intent to defraud his Creditors, or any of them, made or caused to be made any giftj deliTery, or transfer of or any charge on his property : (3.) If he haSj with intent to defraud his creditors, concealed or removed any part of his pro- perty since or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him. False claim, 14. If any Creditor in any bankruptcy or liquida- demeanor! ^^°^ ^i' arrangement or composition with creditors in pursuance of the Bankruptcy Act, 1869, wilfuUy and with intent to defraud makes any false claim, or any proof, declaration, or statement of account which PAET II. FRAUDULENT DEBTOES, 131 is untrue in any material particular, he shall be guilty s 15—18. of a misdemeanor, punishable with imprisqnment not exceeding one year, wi^h or without hard labour. 15. Where a debtor inakes any arrangement or Debts in- composition with his creditors under the provisions ^"X ^ of the Bankruptcy Act, 1869, he shall remain liable for the unpaid balaiice of any debt which he incurred or increased, or whereof before the date of the arrangement or composition he obtained forbearance, by any fraud, provided the defrauded creditor has not assented to the arrangement or composition otherwise than by proving his debt and accepting dividends. 16. Where a trustee in any bankruptcy reports to '^^^^^ any Court exercising jurisdiction in bankruptcy that prosecutiou in his opinion a bankrupt has been guilty of any JJJj^t^" ■ ° offence under this Act, or where the Court is satisfied upon the representation of any creditor or member of the committee of inspection tbat there is ground to believe that the bankrupt has been guilty of any offence under this Act, the Court shall, if it appears to the Court that there is a reasonable probability that the bankrupt may be convicted, order the trustee to prosecute the bankrupt for such offence. 17. Where the prosecution of the bankrupt under Expenses of this Act is ordered by any Court, then, on the pro- Som™ duction of the order of the Covirt, the expenses qf the prosecution shall be allowed, paid, and borne as expenses of prosecutions for felony are allowed, paid, and boriie. 18. Every misdemeanor under the second part of ^^p^^^*?^"^ this Act shall be deemed to be an offence within and indictments subject to the provisions of the Act of the session of f°^^g°^^^ the twenty-second and twenty-third years of the this Act. reign of her present Majesty, chapter seventeen, intituled " An Act to prevent vexatious indictments for certain misdenieanors ; " and when any person is charged with any such offence before any justice or justices, such justice or justices shall take into con- sideration any evidence adduced before him or them 132 IMPEISONMBNT FOE DEBT, § 19—23, Form of indictment. Quarter sesBions to have juris- diction in respect of offences under Act. Mayors, &c. 'disqualified by ai range- ments. Justices of tliB peace becoming banltrupt or an'anging witk cre- ditors. Punish- ments under tending to show that the act charged was not com- mitted with a guilty intent. 19. In an indictment for an oifence under this Act it shall he sufficient to set forth the substance of the offence chargedj in the words of this Act speci- fying the offence or as near thereto as circumstances admit, witlbout alleging . or setting forth any debt, act of bankruptcy, trading, adjudication, or any pro- ceedings in, or order, warrant, or document of any Court acting under the Bankruptcy Act, 1869. 20. So much of the Act of the session of the fifth and sixth years of her Majesty's reign (chapter thirty-eight), " to define the jurisdiction of justices in general and quarter sessions of the peace," as excludes from the jurisdiction of justices and re- corders at sessions of the peace or adjournments thereof the trial of persons for offences against any provision of the laws relating to bankrupts, is here- by repealed as from the passing of this Act; and any offence under this Act shall be deemed to be within the jurisdiction of such justices and re- corders! 21. The provisions of the Act of the session of the fifth and sixth years of "William the Fourth, chapter seventy-six, for the regulation of municipal corporations, sections fifty-two and fifty-three, as to the disqualification of mayors, aldermen, and town councillors having been declared bankrupt or hating compounded by deed with their creditors, shall ex- tend to every arrangement or composition by a mayor, alderman, or town councillor with his creditors under the Bankruptcy Act, 1869, whether the same is made by deed or otherwise. 22. If any person being assigned by hel- Majesty's Commission to act as a justice of the peace is adjudged bankrupt, or makes any arrangement or composition with his creditors under the Bankruptcy Act, 1869, he shall be and remain incapable of acting as a justice of the peace until he has been newly assigned by her Majesty in that behalf. 23. Where any person is liable under any other. PAKT in. "WAEEANTS OF ATTOKNET, ETC. 133 Act of Parliament or at common law to any punish- § 24—26. ment or penalty for any offence made punishable by — ■ this Act, such person may be proceeded against cumulative. under such other Act of Parliament or at common law or under this Act, so that he be not punished twice for the same offence. PART III. Warrants of Attorney, Cognovits, and Orders for Judgment. 24. After the commencement of this Act, a war- wanantsof rant of attorney to confess judgment in any personal ^n^™^^. action or cognovit actionem given by any person vit actionem shall not be of any force unless there is present some cuted^n^tke attorney of one of the superior Courts on behalf of P''^^!g,^^°* such person expressly named by him and attending on behalf of at his request to inform him of the nature and effect "'^ p^soo- of such warrant or cugnovit before the same is executed, which attorney shall subscribe his name as a witness to the due execution thereof, and thereby declare himself to be attorney for the person execut- ing the same, and state that he subscribes as such attorney. 2.5. A warrant of attorney to confess judgment Warrant, or cognovit actionem not executed in manner afore- tom^y said shall not be rendered valid by proof that the f^^^f^ person executing the same did in fact understand the nature and effect thereof, or was fully informed of the same. 26. Where in an action a warrant of attorney to riling of confess judgment or a cognovit actionem is given, ^j^^y"* and the same, or a true copy thereof, is not filed and cogno- with the officer acting as clerk of the docquets and n^m" '"' judgments in the Court of Queen's Bench within twenty-one days next after the execution thereof as required by the Act of the third year of the reign of King George the Fourth (chajiter thirty-nine),.. "for. 134 IMPRISONMENT FOB DEBT. § S7 28. preventing frauds upon creditors by secret warrants '- ' of attorney to confess judgment," the same shall be deemed fraudulent and shall be void; a^d if any such warrant of attorney or cognovit actionem so filed wa^ given subject to any defeasance or con- dition, such defeasance or condition shall be written on the san^e paper or parchment with the waq-ant or cognovit before the filing thereof, otherwise the warrant or cognovit shall be void. fi^k°^ 27. Where a judge's order made by consent is order to given by a defendant in a persona.1 action whereby |udp^e?it. the plaintiff is authorised forth\?ith or at any future time to sign or enter up judgment, or to issue or to take out execution, whether such order is made sub- ject to any defeasance oi: condition or not, then if the action is in the Court of Queen's Bench the order, and if the fiction is in any other Court a true copy of the order, shall, together with an aifidavit of the time of such consent being given, and a descrip- tion of the residence and occupation of the defendant, be filed with the officer acting as clerl^ of the docquets and judgments in the Court of Queen's Bench within twenty-one days after the making of the order, otl^erwise the order and any judgment signed or entered up thereon, and any execution issued or taken out on such judgment, shall be void. Application 28. The provisions of the saicl Act of the third c 39?and*' year of King George the Fourth, and of the Act of « & 7 Vict, the session of the sixth and seventh year^ of her judge'e Majesty's reign (phapter sixty-six), '?to enlarge the orders. provision^ of an Act for preventing frauds iipon creditors by secret warrants of attorney to confess judgment," for liberty to file a warrant of attorney or cognovit actionem, or a copy thereof, with the clerk of the docquets and judgments, and for that clerk to make certain entries and search in relation thereto, and for entering satisfaction thereon, and for fees for search, and filing and taking office copies, shall extend and be applicable to e/ery such judge's order, PAET III. WABEANTS OF ATTOKNEY, ETC. 135 29. Nothing in this Act contained shall affect the § 29. custom of foreign attachment as exercised by any i - — competent Court, or the proceedings in relation to fromTct°o° such custom. Ittaotaoent. THE BANKRUPTCY ACT, 1869. GENEKAL RULES POR EEGULATIUa THE PRACTIGE KSB PEOCEDURE OP THE LONDON BANKEUPTCY COURT ASD OP THE COUNTY COURTS, SCALES OF COSTS AND FEES. CONTENTS. PAGE Definition of Terms . . . . . . 139 Delegation of Powers ...••• 1*0 Sittings in Chambers . . . ■ • • IW Proceedings . . . ■ . • • IW Proceedings by Company or Co-partnership . . . 142 Declaration of Inability to Pay Debts . . . 142 Debtor's Summons . . • • • ■ 142 Bankruptcy Petition ....■• 143 Evidence . . . . . • t . 147 Motions and Practice ...... 147 Service and Execution of Process . . . . 148 Service of a Debtor's Summons or a Bankruptcy Petition . 148 Proof of Debts . . . . . . . 149 Taking Accounts of Property mortgaged or pledged, and of the Sale thereof . . . . . .151 Transfer of Proceedings . . , . . . 152 Proxy . . . . . . . .153 Meetings of Creditors . . . . . . 153 Trustee . . . . . . .155 Where Eegistrar Trustee . . . . ■ . 158 Committee of Inspection ..... 158 Dividends ........ 158 Order of Discharge ...... 160 Appeal ........ 160 Affidavits 161 Security . . . . . . . . 162 Witnesses . . . . . . .163 Discovery of Bankrupt's Property . . . . 163 AppKcation for Discharge during three years after close of Bankruptcy .... Arrests, Commitments .... Setting aside Pay, &c. Enforcement of Debt against undischarged Bankrupt Costs ...... Trial by Jury .... Sittings of a County Court Examination of Bankrupt or Witness Amendments ..... Kules relating to the Business of the London Bankruptcy Court ........ Duties of Comptroller, and the Books and Accounts to be kept by Registrars and Trustees . Proceedings for Liquidation by inangement or Composition ■with Creditors, Sections 125 and 126 Trust Deeds ..... Prior Sules and Orders .... List of Forms ..... Scale of Attorney's Costs .... Seals of Court ..... Fees ...... 164 164 165 165 166 166 168 169 169 169 169 173 175 187 187 189 280 288 288 GENERAL RULES MADE IN PTTESUANCE OP THE BANKETJPTCY ACT, 1869. 32 & 33 VICT. c. 71. It is oedered as follows, that is to say : — Definition of Terms. 1. In the construction of these Eules and Forms, words importing the singular nvmiber shall include the plural, and words importing the plural number shall include the singular number, and words importiag the masculine gender shall include females, and the following terms shall (if not incon- sistent with the context or subject matter) have the respec- tive meanings herein-after assigned to them, that is to say : " The Act " shall mean the fenkruptcy Act, 1869 : " Court" shall mean the Court having jurisdiction in the matter : "Judge" shall mean the judge or a lawfully appointed deputy judge of any such Court : " Registrar " shall mean a registrar or any deputy registrar of any such Court : "Creditor" shall include a firm of creditors in partner- ship: " Debtor " shall include a firm of debtors in partnership : " Attorney " shall mean any attorney, or solicitor entitled to practise in any such Court : " Name " of any person shall mean both the Christian name or the initial letter or contraction of the Christian name and the surname of such person : L 2 140 GENERAL RULES. 2_7, " Affidavit " shall include statutory declarations, affirma- '- — tions, and attestations upon honovir, and the word "sworn" shall include declaring and affirmed accord- ing to statute and attested upon honour : " District " shall, when used with reference to a County- Court, mean the district of such Court for purposes of bankruptcy jurisdiction: "Gazetted" shall mean that the notice or thing is to be published in the London Gazette : "Local paper" shall mean a paper circulating in the lo- cality of the Court : "Sealed" shall mean sealed with the seal of the Court : And, unless there be something in the context inconsistent therewith, the provisions of sections 4 and 114 of the Act shall apply to these rules. Delegation of Powers. Sect. 57. 2. The Chief Judge in Bankruptcy may delegate to the Registrars of his Court such of the powers vested in him by the Act as such Judge may deem expedient to delegate, ex- cept the power to make an order to commit a person for contempt. Sect. 67. 3. The Judge of a local Court of Bankruptcy may delegate to a Registrar of his Court, but to no other officer, such of the powers vested in him by the Act as such Judge may deem expedient to delegate, except the power to make an order to commit a person for contempt. 4. Every order made by a Registrar while acting under any delegated power, shall have the same force and validity, and be subject to the same appeal, as an order made by the Judge, but the Registrar may adjourn any matter for the opinion of the Judge if he shall thmk &t. Sittings in Chambers. 5. Any matter may be heard and disposed of in chambers by a Judge or Registrar, except the public examination of the bankrupt under section 19 of the Act, and the granting an order of discharge. 6. Where the Judge or Registrar shall be of opinion that any matter ought to be heard and disposed of in open court, or all the contending parties shall require any matter to be so heard and disposed of, such matter shall be so heard and disposed of, or if part heard shall be adjourned for the pur- pose of being further heard and disposed of in open court. Proceedings. 7. In matters under the Act the proceedings may be in the several forms set forth in the schedule attached to these rules, or as near thereto as possible, and where forms for any proceeding in such matters are not provided in the sohe- GENERAL EULES. 141 dule, the forms required may be framed by the parties, g 23. using as guides those so provided, so far as they are appli '— cable. 8. All proceedings in the Court (except notices to creditors) shall be written or printed or partly written or partly printed, on parchment or paper of the size hitherto used in bank- ruptcy, that is to say, on sheets of sixteen inches in length and ten inches in.breadth, or thereabouts ; but no objection shall be allowed to any proof of debt, affidavit, or proxy on jiccount of its being written or printed on other sized paper. 9. All proceedings of the Court shall remain of record in the Court, so as to form a complete record of each matter, and they shall not be removed for any purpose, except for the use of the officers of the Court or by, special direction of the Judge or Registrar, but they may at all reasonable times be inspected by the trustee, the bankrupt, and any creditor who has proved, or any person on their behalf. 10. All summonses, petitions, notices, orders, warrants, and other process issued by the Court shajl be sealed. 11. Where the Court orders a general meeting of creditors S^"!'- 20. to be summoned under section 20 of the Act, it shall be summoned as the Court directs, and in default of any direc- tion the Registrar shall transmit a sealed copy of the order to the trustee fourteen days at least before the time appointed for the meeting to take place, and the trustee shall, ten days before such meeting, send a copy of the order to each creditor at the address given in his proof, or when he shall not have proved, the address given in the list of creditors by the bankrupt, or such otitier address as may be known to the trustee. 12. All office copies of petitions, proceedings, books, papers, and writings, or any parte thereof required by any trustee, or by any person being a bankrupt or debtor who has insti- tuted proceedings under sections 123 or 126 of the Act, or by any creditor of any such person, or attorney of any such person, or creditor, shall be provided by the Registrar, and shall, except as to figures, be fairly written at length, and be sealed with the seal of the Court, and delivered out without any unnecessary delay, and in the order in which they shall have been bespoken, and be charged and paid for at the rate of twopence per folio of seventy-two words. 13. In lieu of attaching a copy of the London Gazette to the proceedings in each bankruptcy or other matter, the Registrar shall file with the proceedings the page of the Gazette in which the advertisement occurs, and in case of an advertise- ment in a local paper, he shall file the advertisement with a memorandum of the name of the paper and date of its publi- cation ; and for this purpose one copy of every Londm, Gazette and of each locsd newspaper in which any notice in i4S GENERAL RULES. j^ jg any matter of bankruptcy in such Court is inserted shaU be !_ left with the Registrar by the person inserting the notice. 14. All notices and other proceedings, for the delivery of which no special mode is prescribed, may be sent by prepau^ post letter to the last known address of the person, to be served therewith. Proceedings hy Company or Co-partnership. 15. A bankruptcy petition or debtor's summons, against any debtor to any co-partnership duly authorized to sue and be sued in the name of a public officer or agent of such co- partnership, may be presented by or sued out by such public officer or agent as the nominal petitioner or plaintiff for and on behalf of such co-partnership on such public officer or agent filing an affidavit, according to the form in the schedule, stating that he is such public officer or agent, and that he is authorized to present or sue out such petition or debtor's sum- mons. Where a corporate body is petitioner or plaintiff, any affidavit in support of such petition or debtor's summons may be made by a director or other officer on its behalf. Declaration of Inability to Pay Delts. Sect. 6. 16. A declaration by a debtor admitting his inability to pay his debts shall be dated, signed, and witnessed according to the form in the schedule, and shall be filed in the London Bankruptcy Court, if the debtor shall reside or carry on busi- ness within the district of that Court, and where the debtor Sect 59. neither resides nor carries on business within the district of that Court, it shall be filed in the Court within the district of which the debtor resides or carries on business. Debtor's Summons. Sect. 7. 17. A debtor's summons, according •to the form in the schedule, may be granted by the London Bankruptcy Court if the debtor resides or carries on business within the district of that Court, and where the debtor neither resides nor carries on business within the district of that Court, it may Sect. 69. 1^6 granted by the Court within the district of which the debtor resides or carries on business. 18. A creditor desirous that a debtor's summons may be granted must file an affidavit of the truth of his debt, and lodge the summons together with two copies thereof and three copies of his particulars of demand. 19. The particulars of demand shall be expressed with reasonable and convenient certainty as to dat-es and all other matters, but no objection shall be allowed to the particulars unless the Court shall consider that the debtor has been misled by them. GENERAL RULES. 143 20. The Eegistrar shall seal such particulars, and such nn—Qe particiUara shall then be deemed part of the summons, and the original summons shall be filed, and the copies be sealed and issued to the creditor. 21. Every debtor's summons shall be endorsed with the name and place of business of the attorney actually suing out the same, but in case no attorney shall be employed for the purpose, then with a memorandum expressing that the same has been sued out by the creditor in person. 22. There shall be endorsed on the debtor's summons, in Sect. 7. addition to an intimation of the consequences of neglect to comply with the reqmsitions of the summons, a notice to the debtor that if he disputes the debt and desires to obtain the dismissal of the summons he must file an affidavit with the Registrar within seven days in the case of a trader, and three weeks in the case of a non-trader, stating that he is not so indebted, or only so to a less amount than 502. 23. Where a debtor files the above-mentioned affidavit the Begistrar shall fix the time and place at which the applica- tion for the dismissal of the summons will be heard by the Court, and give notice thereof to the creditor and debtor three days before the day so fixed. 24. Where proceedings on a debtor's summons have been Sect. 7. stayed for the trial of the question of the validity of the debt claimed therein, and such question has been decided against the validity of the debt, the debtor on production of the judgment of the Court, or an office copy thereof, shall be entitled to have the debtor's summons dismissed, and, if the Court thinks fit. with costs, but the order for costs shall not be enforced for seven days, or where the creditor has lodged a notice showing that he has taken the necessary steps to set aside the judgment, until after the final decision thereon. 25. Where proceedings on a debtor's summons are stayed upon security being given, the creditor shall take or continue proceedings for the payment of the debt within twenty-one days of the date on which the security was completed, and shall prosecute the same with effect and without delay, and if he fail so to do the debtor shall be entitled to have the summons dismissed with costs. Bankruptcy Petition. 26. A bankruptcy petition shall be filed in the London Bank- Sect. 6. ruptcy Court if the debtor resides or canies on business within the district of that Court, and where the debtor neither resides nor carries on business within the district of that Court, it shall be filed in the Court within the district of which the debtor resides or carries on business. 144 GENERAL RULES. 27—34 27. Every petition shall be fairly written or printed, or partly written and partly printed, on parchment or paper Sect. 69. according to the form in the schedule, and no alterations, interlineations, or erasures shall he permitted without leave of the Registrar, except so far as the same may be necessary in order to adapt the printed form to the circumstances of the particular case ; and every petition must be lodged, with two copies to be sealed and issued to the petitioner. 28. Where a petitioning creditor is not known to the Eegistrar of the Court, or the petition shall not be_ attested by an attorney, the petition shall not be filed untU the peti- tioner shall be identified to the satisfaction of the Registrar. 29. When the petitioning creditor cannot himself verify all the statements contained in the petition, he must file in support of the petition the affidavit of any person who can depose to them. 30. Where a petition is presented by two or more creditors not in partnership, each creditor must depose to the truth of such of the statements in the petition as are within his own knowledge, either in a joint or separate affidavit. 31. The petitioning creditor shall, at his own costs, file and prosecute his petition and the proceedings under any order of adjudication made thereon, until the appointment of a creditors' trustee ; and the Court shall make order for the payment of such costs out of the first net proceeds of the estate of the bankrupt. Sect. 8. 32. After the presentation of the petition, and before seal- ing the copies of the petition for service, the statements in the petition shall be carefully investigated, and where some of the statements in the petition cannot be sworn to, wit- nesses may be summoned to prove the same. Sect 13. 33. After the presentation of a petition, upon the appUoa- tion of a creditor, and upon proof by affidavit of sufficient grounds for the appointment of a receiver or manager of the property, or business of the debtor, or any part thereof, the Court may, if it think fit, make such appointment ; and where the petition is dismissed the creditor shall pay such costs of the receiver or manager as the Court may direct, and the Court shall, if required, adjudicate with respect to any damages or claim thereto arising out of his appointment, or make such order thereon as it thinks fit, and such order shall be final and conclusive between the parties, and be- tween them or either of them and the receiver or manager, unless the decision be appealed from. 34. The Eegistrar shall appoint the time and place on which the petition will be heard, and notice thereof shall be written on the petition and sealed copies, and where the petition has not been served the Eegistrar may from time to time GENERAL RULES. 145 alter the first day so appointed, and appoint another day and aw a, hour. ""~^-'- 35. Where there are more respondents than one to a petition the rules as to service shall be observed with respect to each respondent, but where all the respondents have not been served, the petition may be heard separately or col- lectively as to the respondent or such of the respondents as has or have been served, and separately or collectively aa to the respondents not then served according as service upon them is effected. 36. Where a debtor intends to show cause against a petition Sect. 9. he shall file a notice with the Registrar showing the state- ments in the petition which he intends to deny or dispute, and transmit by post to the petitioning creditor a copy of the notice three days before the day on which the petition is to be heard. 37. If the debtor does not appear at the hearing, the Court may make adjudication without further proof of the state- ments in the petition, if it shall think fit. 38. On the appearance of the debtor to show cause against the petition, the petitioning creditor's debt, trading, and act of bankruptcy, or such of those matters as the debtor shall have given notice that he intends to dispute, shall again be proved, and if any new evidence of those matters, or any of them, shall be given, or any witness or witnesses to such matter shall not be present for cross-examination, and further time shall be desired to show cause, the Court shall, if it think the application reasonable, grant such further time as it may think fit. 39. If any creditor shall neglect to appear on his petition, no subsequent petition against the same debtor or debtors, or any of them, either alone or jointly with any other person or persons, shall be presented by the same creditor without the special leave of the Court to which the previous petition was presented. 40. The personal attendance of the petitioning creditor and of the witness or witnesses to prove the debt, the trading, and act of bankruptcy, upon the hearing of the petition, may, if the Court shall think fit, be dispensed with. 41. A debtor shall not be adjudged bankrupt on a petition Sect. 6, in which the act of bankruptcy stated to have been com- par. 6. mitted by him is that the debtor has neglected to pay, secure, or compound with the petitioner a sum mentioned in a debtor's summons within seven days or three weeks, as the case may be, where such debtor shall have appUed for the dismissal of such summons until after the hearing of the application, or where the summons has been dismissed, or during a stay of the proceedings thereon. 146 GENERAL ETJLES. 42_48. 42. Where a petition is presented and the act of bank- ^ ruptcy stated to have been committed is that the debtor has Sects. 6 & 8. filed in the Court to which the petition is presented a declara- tion admitting his inability to pay his debts, the Court may, if the debtor consents in writing thereto, hear and adjudicate upon the petition forthwith. Sect. 9. 43. Where proceedings on a petition have been stayed for the trial of the question of the validity of the petitioning creditor's debt, and such question has been decided in favour of the validity of the debt, the petitioning creditor may apply to the Registrar to fix a day on which further proceedings on the petition may be had, and the Registrar on production of the judgment of the Court in which the question was tried, or an of&ce copy thereof, shall give notice to the petitioner by post of the time and place fixed for the hearing of the petition, and a like notice to the debtor at the address given in his notice to dispute, 44. Where proceedings on a petition have been stayed for the trial of the question of the validity of the petitioning creditor's debt, and such question has been decided against the validity of the debt, the debtor may apply to the Registrar to fix a day on which he may apply to the Court for the dis- missal of the petition with costs, and the Registrar on the production of a copy of the judgment of the Court in which the question was tried, or an office copy thereof, shall give notice to both the petitioner and debtor by post of the time and place fixed for the hearing of the application. Sect. 10. 45. Notice of the making an order of adjudication shall be advertised in one local paper according to the form in the schedule. Sect. 18. 46. Upon adjudication being made, a certificate declaring the Registrar to be the trustee must be put on the file of the proceedings in accordance with section 18 of the Act. Sect. 9. 47. Where proceedings on a, petition are stayed upon security being given, the creditor shall take or continue pro- ceedings for the payment of the debt within twenty-one days of the date on which the security was completed, and shall prosecute the same with effect and without delay, and if he fail so to do the debtor shall be entitled to have the petition dismissed with costs. Seet.'SO, 48. Where two or more petitions are presented to the par. 2. same Court against the same de btor, or against debtors being members of the same partnership, the petition which was first presented shall be first heard; and where such first petition shall not have been served, or where the debtor shows cause against the petition, or where delay will be avoided, any other petition which has been served may be heard, and if the Court make adjudication thereon, the Court shall, after GENERAL EULES., 147 the expiration of the time allowed for appeal against the 49—54 adjudication, dismiss all the other petitions upon such terms * as to costs as it shall deem just. Evidence. 49. The Court may in any matter take the whole or any part of the evidence either vivd voce, or by interrogatories, or upon affidavit, or by commission abroad. Motions and Practice. 50. All applications to the Court in the exercise of its primary jur&diction by virtue of the Act, shall (unless otherwise provided or the Court shall in any particular case otherwise permit) be by way of motion, supported by affi- davit, upon hearing which the Court sh^ make such order therein as shall be just; but in cases in which any other party or parties than the applicant are to be affected by such order, no such order shall be made, unless upon the consent of such person or persons duly shown to the Court ; or upon proof that notice of the mtended motion and copy of the affidavit in support thereof has been served upon the party or parties to be affected thereby four clear days at least before the day named in such notice as the day when the motion is to be made : provided, however, that the Court may, if it shall think fit, in any case where the party or parties to be affected by the order, or any of them, shall not have been duly served with a notice of the motion for such order, make an order calling upon the party or parties to be affected thereby to show cause, at a day to be named by the Court in such order, why such order should not be made. 51. Every order to show cause shall be served upon the party or parties to be affected thereby four clear days at the least before the day appointed for showing cause. 62. In cases in which personal service of any notice of motion, or of any rule or order of the Court, is required, the same shall be effected, in the case of a notice of motion, by delivering at any time to the party or parties to be served, and each of them, a duplicate of the notice of motion ; and in the case of a rule or order by delivering to the party or parties to be served, and each of them, a sealed copy of the order or rule. 53. Notices of which substituted service may be made (otherwise than by post or advertisement) shall be served between the hours of eight o'clock in the forenoon and nine o'clock in the afternoon. 54. Every affidavit to be used in obtaining, supporting, or opposing any motion or order for showing cause for or against any order or rule of Court, shall be filed with the Registrar two days before the day appointed for the hearing; and no 148 GENEBAL EXILES. 55—61, affidavit in reply or in rejoinder is to be used except by '— leave of the Court. 55. The Eegiatrar, upon any affidavit being left with him to be filed, shall indorse the same with the day of the month and year when the same was so left, and forthwith file the same, with the proceedings to which the same relates, and any affidavit left with a Registrar to be filed, shall on no account be delivered to any person whatever, except by order of the Court. 56. A short note of every motion shall be delivered to the Registrar previous to the pubhc sitting of the Court, specify- ing the bankruptcy or other matter to which the same relates, the name of the party on whose behalf the same is made, the name and residence of the attorney of such party and of the counsel, if the same be made by counsel, and the name of any party, and the name and residence of his attor- ney, on whom any notice of such motion has been served. 57. Except in cases of emergency all motions shall be made and heard in the order in which they are set down, at the sitting of the Court, but motions by the Bar shall be heard in precedence to those by attorneys. Service and Execution of Process. 58. Unless otherwise directed or permitted by these rules, it shall be the duty of a high bailiff to serve all orders, summonses, petitions, and notices; to execute all warrants and processes; to attend all sittings of the Court (except sittings in chambers) ; to prepare and cause to be inserted in the London Gazette and newspapers, all advertisements and notices, and to do and perform all such things as may be required of him by the Court or trustee. Service of a Debtor's Summons or a Bankruptcy Petition. 59. A debtor's summons shall be personally served within twenty-one days from the date of the summons, by delivering to the debtor a sealed copy of the summons. 60. A bankruptcy petition shall be personally served seven days before the day of its hearing by delivering to the debtor a sealed copy of the filed petition. Sects. " & 8 61. A debtor's summons or a petition shall be served upon the debtor by an officer or a bailiff of the Court or by the creditor or his attorney ; but if personal service cannot be effected, the Court may grant extension of the time for service, or if the Court is satisfied by affidavit that the debtor is keep- ing out of the way to avoid such service, it may order service to be made by delivery of the summons or petition to some adult inmate at his usual or last known place of resi- dence or business, or it may order, in the case of a sum- GENERAL RULES. 149 mons, that a notice of the granting of the summons, go go according to the form in the schedule, be gazetted, and that the publication of such notice in the Gazette shall be deemed to be service on the debtor on the seventh day after such publication; or in the case of a petition, the Court may order that a notice, according to the form in the schedule, be gazetted, requiring the debtor to appear at the hearing of the petition on the day named, being not less than fourteen days after the publication of the notice, and that such notice shall be deemed to be served on the debtor. 62. Notice of the pubUcation in the Gazette of the order of the Court shall be given in one local paper, accord- ing to the form in the schedule. 63. Service of the summons or petition shall he proved by affidavit with a sealed copy of summons or petition attached and filed in Court forthwith after the service. 64. An application for extension of time for service of a debtor's summons or a petition shall be in writing, and need not be supported by affidavit, unless in any case the Court shaill otherwise require. 65. Where the act of bankruptcy alleged in a petition to have been committed by the debtor is that the debtor, being a trader, has departed from his dwelling-house, or otherwise absented himself, the petition may be heard forthwith on a sealed copy of the petition being left at the usual or last known place of residence or business of the debtor. 66. Where a debtor petitioned against is not in England, the Court upon such evidence as shall satisfy it that the service will be effectual or sufficient, may order service to be made within such time and in such manner and form as it shall deem fit. Proof of Debts. 67. A creditor may prove his debt at any duly summoned Sects. 25 fc meeting of creditors, or at any time before the meeting, by 31. delivering or sending through the post in a prepaid letter, before the appointment of a creditor's trustee, to the Regis- trar of the Court, and after the appointment of a creditor's trustee to such trustee, an affidavit according to the form in the schedule. 68. The affidavit may be made by himself or by any agent, Sect. 25. or any clerk or other person in his employment, but if the affidavit is made by an agent or clerk it shall state that he is authorized by the creditor to make the affidavit, and that it is within his own knowledge that the debt was incurred for the consideration stated, and that to the best of his knowledge and belief the debt still remains unpaid and unsatisfied. 150 GENEEAL RULES. 69 7Q_ 69. A company or other body incorporated or authorized . to sue may prove their debt by an agent, according to the Sent. 80, form in the schedule. par. 7. Sects. IT. 25. 70. A Registrar in his capacity of trustee may admit proofs, and upon sufficient cause shown, disallow any proof to which objection may be taken at the first or any other meeting of creditors. Sect. 14. 71. Where a trustee has been appointed by the creditors, the proofs of debts that have been received by the Kegistrar shall be given over to the trustee, but the Kegistrar shall make and file a list of such proofs on the proceedings. Sects. 25 it 72. A creditor's trustee as soon as may be after his appoint- ' 31. ment, and after the receipt of a proof of a debt, shall examine every proof and the grounds of the debt, and in writing re- ject or admit it, in whole or in part, or require further evidence in support thereof, and when he shall admit or reject any claim he shall give notice thereof in writing to the creditor, stating, in case of rejection, the grounds thereof. 73. If at any time after the admission of any debt by the trustee he shall have reason to believe that such debt has been improperly admitted, he may apply to the Registrar, upon affidavit setting forth the facts, for a day to be ap- pointed for the Court to consider the propriety of expunging the proof or reducing the amount thereof. 74. Any creditor dissatisfied with the decision of the trus- tee in respect of a proof, may, within fourteen days after the receipt of the notice from the trustee, apply to the Court to vary or reverse the decision, and the creditor shall give notice to the trustee thereof seven days before the day so fixed. Sect. 20 75. The trustee in every bankruptcy shall send to the Re- par. 3. ' gistrar of the Court in which such bankruptcy is pending a, copy certified by him of every resolution of a meeting of cre- ditors, and shall also, on the first day of every month, send to the said Registrar a certified list of all proofs, if any, tendered during the month next preceding, distinguishing in such hst, the proofs admitted, those rejected, and such as stand over for further consideration. 76. Any separate creditor of any bankrupt shaU be at liberty to prove his debt under any adjudication of bank- ruptcy made against such bankrupt jointly with any other person or persons. And under every such adjudication distinct accounts shall be kept of the joint estate and also of the separate estate or estates of each bankrupt, and the sepa- rate estate shall be applied in the first place in satisfaction of the debts of the separate creditors. And in case there shall be an overplus of the separate estate, such overplus shall be carried to the account of the joint estate. And in case there shall be an overplus of the joint estate, such overplus shall be GENERAL RULES. 151 carried to the account of the separate estates of each bankrupt 1717 rrQ_ in proportion to the right and interest of each bankrupt '- 1- in the joint estate. And the cost of taking such accounts shall be paid out of the joint aad separate estates reapectiTely as the Court shall direct. 77. Upon all debts or sums certain, payable at a certain time or otherwise, whereupon interest is not reserved or agreed for, and wMch shall be overdue at the date of the order of adjudication and proveable in bankruptcy, the creditor shall be entitled to prove for interest, to be calcu- lated, at a rate not exceeding four pounds per centum per annum, up to the date of the said order, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise, then from the time when demand of payment shall have been made in writing so as such demand shall give notice to the debtor that inte- rest will be claimed from the date of such demand until the time of payment. Any creditor may prove for a debt not payable when the bankrupt committed an act of bankruptcy, and be entitled to prove such debt as if the same was payable presently, and receive dividends equally with the other creditors, deducting only thereout a rebate of interest at the rate of five pounds per centum per annum, computed from the declaration of a dividend to the time when the debt I would have become payable, according to the terms upon which it was contracted. Taking Accounts of Property Mortgaged <»■ Pledged, and of the Sale thereof. 78. Upon application by motion by any person claiming to be a mortgagee of, or to have security over any part of the bankrupt's estate or effects, real or personal, and whether such mortgage or seo\irity shall be by deed or otherwise, and whether the same shall be of a legal or equitable nature, the Court will proceed to inquire whether such person is such mortgagee, or is entitled to such security, and for what con- eddeiation and under what circumstances ; and if it shall be found that such person is such mortgagee, or is entitled to such security, and no sufficient objection shall appear to the title of such person to the sum claimed by him, under such mortgage or security, the Court will then proceed to take an account of the principal, interest, and costs due upon such mortgage or security, and of the rents and profits, or divi- dends, interest, or other proceeds received by such person, or by any other person by his order or for his use, in case he shall have been in possession of the property over which the mortgage or security shall extend, or any part thereof, and the Court vriU then direct notice to be given in such public papers as it shall think fit, when and where, and by whom and in what way the said premises or property, or the interest 152 GENERAL EULES. 79 84. therein so mortgaged, or over which the security shall so extend, are to be sold, and that such sale be made accordingly, and that the trustee (unless it be otherwise ordered) shall have the conduct of such sale ; but it shall not be imperative on any such mortgagee to make such appUoation. 79. An proper parties shall join in the conveyance to the purchaser, where necessary, as the Court shall direct. 80. The monies to arise from such sale shall be applied in the first place in payment of the costs, charges, and expenses of the Trustee, of and oociasioned by the application to the Court, and of and attending such sale, and then in payment and satisfaction so far as the same shall extend of what shall be found due to such mortgagee, or person so having security, for principal, interest, and costs, and that the surplus of the said monies (if any) be paid to the trustee. But in case the monies to arise from such sale shall be insufiicieut to pay and satisfy what shall be so found due to such mortgagee or person so having security, then he shall be entitled to prove as a creditor jf or such deficiency, and receive dividends thereon rateably with the other creditors, but so as not to disturb any dividend or dividends then already made. 81. For the better mating such inquiry and taking such , account, and making a title to the purchaser, all parties may be examined by the Court upon interrogatories or otherwisis as it shall think fit, and shall produce before the Court upon oath all deeds, papers, and writings in their respective cus- tody or power, relating to the estate or effects of the bank- rupt, as the Court shall direct. Transfer of Proceedings. Sect. SO 82. Where the Judge of a County Court certifies that in par. 5. jijg opinion the bankruptcy would be more advantageously conducted in the London Bankruptcy Court or some other County Court, the Registrar shall, if the opinion is certified before the first meeting of crecUtors, lay the same before such meeting, and if it has been certified after such meeting, he shall transmit a copy of such certified opinion to the trustee, who shall thereupon summon a meeting of creditors to consider the same. 83. If within fourteen days after transmitting such notice to the trustee no resolution of the creditors objecting to such transfer shall be received by the Court through the Registrar, the transfer may be made accordingly. 84. Where the proceedings in any bankruptcy are trans- ferred from the Court to which the petition was presented to any other Court, the Registrar of the first Court shall send by book-post all the proceedings to the Registrar of the Court to which the proceedings are transferred; and the GENERAL RULES. 153 receipt of such proceedings shall be considered to authorize 85-90 the latter Court to continue such proceedings, without any '— further order for transferring them than is contained in the proceedings. Proxy. 85. The instrument appointing a proxy shall be in writing Seots.T6,and ]inder Jihe }iand of the creditor, or if such creditor is a corpo- 80, par. 8. ration or company under the band pf an agent stating that he is duly authorized on its behalf; and such instrument shall be according to the form in the schedule, and shall, unless it is expressly stated otherwise therein, be deemed and allowed OS an authority to the appointee of the creditor to vote for him and on liis behalf at all meetings of creditors in the matter, or adjournments thereof, and generally to act for the creditor in all other matters under the Act, of whatsoever kind, as fully as the creditor bimself could act. 86. The instrument must be produced at the first meeting at which the proxy attends and be filed. Meetings of Creditors. 87. If the petitioning creditor or any other creditor desire Sect. 110. that the first meeting of creditors should be held at any other town than the town where the Court usually holds its sittings, application, supported by affidavit showing grounds for the application, must be made at the hearing of the peti- tion. If such application be by any other person than the petitioning creditor, two days' notice thereof must be given to the petitioning creditor, and if the Court be reasonably satisfied that the circumstances of the estate and of the cre- ditors require that the application should be granted the same shall be granted accordingly. 88. With every such application for a meeting to be held elsewhere than in the London Court of bankruptcy, or in the town in which the County Court holds its sittings, there shall be deposited in the office of the Registrar the sum of three pounds to defray the reasonable expenses of the Regis- trar and of his clerk in attending such meeting, to be after- wards allowed to the applicant out of the estate by the trustee. 89. The first meeting of creditors shall be summoned im- Sect. 14. mediately after making an order of adjudication, by the Registrar appointing a day for the first meeting of creditors and by giving ten days' notice thereof in the London Gazette and in one local paper according to the form in the schedule. 90. An order for the attendance of the bankrupt at the Sect. 19. first meeting and the production of his statement of afiairs shall be then made by the Court, and a. sealed copy of the order shall be served on the bankrupt personally, or by leaving the same with some adult inmate at his usual or last known place of residence or business. M 154 GENERAL EULES. g-y gg 91. In cases of partnership the bankrupt shall produce a L statement of their partnership affairs, and each bankrupt shall produce a Statement of his separate affairs. Sect. S4. 92. At the first meeting of the creditors the bankrupt shall produce in duplicate a statement of his affairs according to the form in the schedule, but the non-production of the state- ment shall not delay the appointiheut of a trustee, or neces- sitate the adjournment of the meeting. Sect. 16. 93. A meeting of creditors shall not be competent to slot for any purpose under the Act, (except the election of a chairman, the proving of debts, and the adjournment of the meeting,) unless thbre are present or reprfesented thereat a quorum of at least threcj or all the creditors if their number does not exceed three. Sect. J 6. 94. Whet'e within half an hour from the time appointed foi" the first meeting, a quorum of creditors is not present or re- presented, the meeting shall be adjourned to the same day in the following week at the same time and place, or to such other day as the Registrar or chairman may appoint, not being less than seven or more than twenty-one days ; and if the meeting adjourned is the first meeting of creditors, or a meet- ing called to fill up a vacancy in the office of trustee, and a quorum is not presfent or represented at the adjourned meet- ing, the Registrar shall report the fact to the Court for its decision under section 8i of the Act. Sect. 21. 95. Where a nieeting of creditors is summoned by & trustee it shall be summoned by the trustee transmitting to each creditor at the address given in his proof, or when he shall not have proved, thfe address given in the list of creditors by the bankrupt, or such other address as may be known to the trustee, seven days before the meeting is td be held, a notice setting forth the time and place, at which it is to be held, and the purpose for which it is summoned. 96. At the first meeting, or some time thereafter, the Registrar shall appoint the time and place for the bankrupt to attend for his public examination by the Court, such time not being later than forty days from sutih first meei;ing, unless otherwise directed by the Registrar. 97. Wherever a meeting of creditors is called by notice, the proceedings had, and resolutions come to at such meeting, shall be valid, notwithstanding that some creditors shall not have received the notice sent to them, unleSs otherwise ordered by the Court. 98. An affidavit by a trustee, or an officer of the Court, or by any clerk of either, that letters have been pUt into a post office, shall be sufficient evidence of such ndtices having been duly sent to the persons to whom the same purport to have been addressed. GENERAL RULES. 155 99. A secured creditor, unless he shall h4ve Realized his QQ—IO? security, shall, previously to being allowed to prove 6r vote, ' state iu his proof the particulars .of his security aad the value at which he assesses the same, and he shall be deemed to be a creditor only in respect of the balance due to him after deducting such asse.ssed value of the security. 100. Any secured creditor so proving sWl be bound to pay over to the trustee the amount which his security shall pro- duce beyond the amount of such assessed value, and the trustee shall be entitled, at any time before realization of such security by the creditor, to redeem the same upon payment of such assessed value. 101. The proof oif any such cred-tor shall not be inoreaseA in the event of the security realiriiig a less sum than the value at which he has so assessed the same. 102. The costs of summoning a meeting of creditors by any person other than the trustee shall be paid by the person at whose instance it is summoned, to be repaid to him out of the estate if the trustee, or the committee of inspection, or the Court shall bo direct. Trustee. 103. After adjudication and before the appointment of a trustee by the creditors, the Registrar in his capacity of trustee may, on tile application of the petitioning creditor, sell or otherwise dispose of any property of the bankrupt which shaS be of a perishable nature. 104. Upon the appointment pf a creditor's trustee, any re- ceiver or manager of the property or business of the bank- rupt shaH submit his accounts for examination to such trustee, and for that purpose attend on the trustee, at suoh reasonable times as he may require. 105. Immediately upon the appointment of a trustee beiiig reported, ^e Ck>urt sha^l give to the trustee a certificate de- claring him to be the trustee, provided he has given such security, if any, as may have been required by the creditors. 106. Omission to pass a resolution under sub-section two Sect. 14. or three of section fourteen of the Act shall not invalidate the appointment of a trustee, and where no security has been specified to be given by the trustee, he shall be deemed to be personally "responsible, in the performance of the duties of his office, to the extent of the value of the property of the bankrupt. 107. Where, at the first meeting or any adjournment there- Seot.l*. of, the creditors shall resolve that one or more named persons shall be accepted as the sureties of the trustee, ft shall not be necessaxy for the said persons to jijstify their suffisiency. . u 2 156 GENERAL EULES. 1QQ 108. Where no remuneration has teen voted to a trustee, 116. ^^ shall be allowed out of the bankrupt's estate such proper ■ costs and expenses as may be incurred by him in or about the proceedings of the bankruptcy as the Taxing Master or Regis- trar shaU allow. Sect. 30. 109. Where the creditors shall have failed to appoint the bank, into which the trustee is to pay all moneys received by him, he shall pay them into such bank as the committee of ii^spection, or where there is no committee, the Court shall appoint. 110. No person shall be entitled as against the trustee to withhold possession of the books of account of the bankrupt, or to claim any lien thereon. 111. Notice of the appointment of the trustee, and of the day for the public examination of the bankrupt, shall be gazetted forthwith, and be inserted in one local paper by the trustee, and he shall send a copy of the notice to each creditor. Sect. 20. 112. Where a trustee desires to apply to the Court for directions in relation to any particular matter arising under the bankruptcy, he shall file his application, according to the form in the schedule, and the Court shall then hear the appli- cation, or fix a day for its hearing and direct the trustee to apply by motion. 113. In case any joint estate of any bankrupts shall be in- sufficient to pay any co?ts or charges necessarily incurred in respect of the same, the Court on application of the trustee may order such costs to be paid out of the separate estates of such bankrupts, or one or any of them ; and vice vers^ naay order costs necessarily incurred for any separate estate, if the same were incurred with reasonable probabihty of benefit to the joint estate, to be paid out of such joint estate. Sect. 25, Hi- A.trnstee shall not be allowed in his acco\ints any par. 3. sum paid by him to his attorney for his bill of costs, unless the same shall have been duly taxed as between attorney and client. 115. Where in consequence of a bankruptcy being closed, or of a vacancy in the office of trustee, the Registrar becomes trustee, the attorney' (if any) who has theretofore acted in the matter of the bankruptcy shall not be changed unless the Court shall by order, setting forth the reasons for the change, otherwise direct. Sects. 55 (!s 116. The taxing o£Bcer shall not allow to a trustee any 5S. charges for attorney or counsel in attending the Court to make any application unless the sanction in writing of the committee of in.spection to their being or having been era- ployed is produced to him, or unless the same has been allowed by the Court as necessary. GENERAL RULES. 157 117. Where an order of adjudication hiss been made upon ii7_i 03 the petition of a secured creditor, "who has be^u admitted as ' the petitioning creditor to the extent of the balance of the Sect C. debt due to him after deducting the amount estimated by the creditor, as the value of his security, he shall upon the application of the trustee, made within two months after the date of the order of adjudication, give up the security to the trustee upon the payment to him of the value so estimated^ and where the trustee dpes not so apply within such term he shall be considered to have waived his right to redeem the security by payment of such estimated value. 118. The trustee shall, within seven days of his allowin|5 or disallowing a proof, file such proof with the Registrar with a memorandum thereon of his allowance or disallowance thereof. 119. Where the trustee is an auctioneer he shall not by Sect. 25; himself or any partner act as such in the sale of atiy of th4 par. 6. property vested in him, except with the consent of the com- mittee of inspection, and upon such terms as it may think fit. 120. Where a creditor desires a meeting of creditors to be Sect. 83, held to remove a trustee or a member of the committee of P^* ^ inspection, he shall apply to sonle member of the committee of inspection to specially summon a meeting for that pur- pose, and for the purpose of appointing another person to fill the office, by sending a notice to each creditor seven days before the meeting is to be held ; and whert such member refuses to summon a meeting, or there is no committee of inspection, the creditor may apply to the Court upon an affidavit stating specifically the facts which would appear to justify the removal of such trustee or a member of the com- mittee of inspection, and the Court may direct the Registrar to summon a meeting accordingly, or if it think fit may direct notice to be given to the trustee to show cause why the Court should not remove him. 121. Where a trustee resigns, dies, or is removed prior to obtaining his release, the creditors shall determine •what, if any, remuneration shall be paid for the services which he may have reudfired. 122. A trustee desirous of obtaining his release shall apply Sect. 51. to the Registrar to fix the time and place upon which he may make application to the Court for such release, and upon iaeh time being fixed he shall summon a meeting of the creditors to cdnsider stich application, stating therein the time and place on which the application to the Court will be made. 123. A trustee applying f6r a relfease *h4U produce to the meeting of creditors a report from the Comptroller upon his aceounts. 158 GENERAL EUIES. J24 124. The release of a trustee shall operate as a removal 132. "^ *'^® trustee, £^ud thereupon the Registrar shall be the trustee. Sect. 52. 125. Upon the close of a bankruptcy the trustee shall deliver a list of the outstanding property to the Registrar of the Court, who shall realize the property, if practicable, and declare a dividend from the proceeds thereof in the same manner as if he had been the trustee by reason of there being no trustee acting during the continuance of the bankruptcy. Sect. 83. as provided by section 83 of the Act. 126. Where a trustee shall resign, or be removed from his office, he shall, within four days thereafter, render to the Registrar, to be filed with the proceedings, an account in writing showing what he has done while trustee, and shall duly account for all moneys or property of the bankrupt. If he do not comply with these requisitions within the pre- scribed time the Court shall enforce obedience thereto. 1 27. A creditor shall bear the cost of making proof of his debt, unless the Court shall otherwise specially order, and no part of the expense of any competition for the office of trustee shall be paid out of the estate. Where Registrar Trustee, Sect. 83. ■'^S' ^liere the Registrar is trustee of the property of a bankrupt by reason of there being no trustee acting during the bankruptcy, he shall not be required to give security, but his accounts shall, if there be no committee of inspection, be audited by the Comptroller or Treasurer of the Court or other person acting as treasurer, according as the proceeding is in the London Bankruptcy Court or the County Court. Committee of Inspection. 129. Where the creditors neglect by resolution to fix the quorum required to be present at a meeting of the committee of inspection, the quorum shall be three ; or if the number of the Committee be less than three, the quorum shall be the whole number. 130. A resolution of the committee of inspection shall be passed unanimously or by a majority in number of the mem- bers present at the meeting. Dividends. Sect. 41. 131. Where a dividend is intended to be declared, the trustee shall give reasonable notice thereof to such of the creditors, mentioned in the bankrupt's statement, as shall not have proved their debts, and the notice shall also be gazetted. 132. Notice of a dividend having been declared shall be gazetted by the trustee according to the form in the schedule, and he shall also send a notice to each creditor who has. GENERAL RULES. 159 proved, showing the amount of the dividend, and when and t3i he shall be out of England, and then within such reasonable time as the trustee may fix, having regard to the means of communication be- tween England and the place where the creditor may be, and in default thereof shall be deemed to be fully secured. If the trustee or any other creditor shall be dissatisfied with the value put on the security, the trustee may require the secu- rity to be realized. 137. Where the produce of the estate of a bankrupt is gg^t 45 sufficient to pay twenty shillings in the pound and interest as herein-after mentioned, and to leave a surplus, such surplus shall be paid by the trustee to such bankrupt, his executors, administrators, or assigns ; and every such bankrupt shall be entitled to recover the remainder, if any, of the debts due to him ; but such surplus shall not be paid until all the creditors who have proved shall have received interest upon their debts to be calculated and paid at the rate and in the order following, viz., all creditors whose debts are by law entitled to carry in- terest in the event of a surplus shall first receive interest on such debts at the rate of interest reserved or by law payable or proveable thereon, to be calculated from the date of the order of adjudication; and after such interest shall have 160 GENERAL EULES. j3g been paid, all other creditors who have proved shall receive 145. interest on their debts from such date at the rate of four pounds per centum per annum. Oi'der of Discharge. Sect. 48. 138. A bankrupt intending to apply for an order of dis- charge, shall file an application with the Registrar, who shall thereupon fix the time and place at which the application will be beard. U otice of the time and place fixed for the hearing of the application of the order of discharge shall be gazetted, and also given to the trustee by the bankrupt, twenty-one days before such day. 139. An order of discharge shall be dated of the day on which it is made, and shall take effect On and from the day of its date, and shall be gazetted. Sect. 19. 140. An order of discharge shall not be gi'anted until after \}ae public examination of the bankrupt under section 19 of the Act. 141. An order of discharge shall not be delivered out until after the expiration of the time allowed for appeal, or if an appeal be entered, until after the decision of the Court of Appeal thereon. 142. A bankrupt desirous of obtaining the assent of his creditors to his applying to the Court for an order of dis- charge diuing the continuance of his bankruptcy, shall request the trustee to summon a meeting of his creditors, and there- upon the trustee, upon the deposit of u, sufficient sum for hosts, shall summon such meeting ; where at the meeting the creditors do not so assent no other meeting shall be called for the same purpose until after the lapse of three calendar months. Sects. 71, 72. 143. An appeal against a decision or order of the Chief Judge in bankruptcy, or a Judge of a County Court, shall be entered with the Registrar of Appeals within and not later than twenty-'one days froni the said decision or order, by leaving with him a copy of the appeal notice of motion. 144. Upon entering an appeal, a copy of the appeal notice shall be sent forthwith by the appellant, to the Registrar of the Court appealed from, who shall forthwith file the same with the proceedings, and a similar notice shall be delivered by the appellant to each respondent four days before the day on which he intends to move. 145. At or before the time of entering an appeal the party intending to appeal shall deposit with the Registrar of Appeals such sum, not being less than ten pounds and not exceeding forty pounds, as the Court appealed from shall direct, to satisfy, so far as the same may extend, any costs that the GENERAL EULES. 161 appellant may be ordered to pay, and in the absence of any \4.Q such direction, the sum deposited shall be twenty pounds. 156. 146. Where there are several respondents in separate inte- rests the Court may, if it shall think fit, direct a separate deposit to be made as to every such respondent. 147. All appeals shall be brought on by motion, and no new evidence shall be received on any appeal unless the Court of Appeal shall so direct ; but any of the parties shall be at liberty to bring before the Court of Appeal, by aBBdavit, the circumstances under which the decision or order appealed from was made. 148. Every affidavit intended to be used upon the hearing of any appeal shall be filed with the Registrar of Appeals, and a copy thereof sent by the appellant to the respondent four clear days before the day appointed for hearing. 1 49. The Registrar of the Court appealed from shall, upon the application of the Registrar of Appeals, transmit to him the me of proceedings in the matter under appeal. 150. The office for entering bankruptcy appeals to be heard by the Court of Appeal in Chanoefy shall be closed during the ordinary vacations of the Court of Chancery, and the time during which such office shall be closed shall not be reckoned in the number of days ordered for the entering of appeals to be heard by such Court of Appeal in Chancery. Affidavits. 151. All affidavits to be used in evideince oil motions to the Court shall be divided into short paragi-aph^, numbered consecutively, and shall be in the first perSou. 152. Every such affidavit shall state the deponfeut's name, address, and description, and also what facts Br cirfliinl- stances deposed to are within his knowledge. 153. Where any such affidavit is made by more than one person, the names of all the persons making the affidavit, and the dates when and the places where it is sworn, shall be inserted in the jurat. 154. Any such affidavit not in conformity with the last three preceding rules may be rejected by the Court. 155. An affidavit in which there is any erasure, or which is blotted so as to obliterate any word, or which is illegibly written, or so altered as to caiise it to be illegible, or in which there is any interlineation, not duly authenticated by the person before whom it was sworn, may be rejected by the Court. 156. Where an affidavit is made by any person who is blind, or who from his signature or otherwise appears td ba 162 GENEEAL KULES. J5IJ' illiterate, the person before whom the affidavit is sworn shall 162. state in the jurat that the affidavit was read over to the de- ponent, and that the deponent appeared to understand the same, and made his mark or wrote his signature thereto in the presence of the person before whom the affidavit is sworn. 157. Any affidavit used in any matter of bankruptcy may be sworn as follows : — (1.) In the United Kingdom, before a Court having juris- diction in bankruptcy or a judge thereof or an officer thereof authorized to administer oaths in that Court, or before a person authorized to admi- nister oaths in any of the superior courts of law or equity, or before a justice of the peace for the county or place where it is sworn or made, and in case of proof of debts, before the trustee of the property of the bankrupt. (2.) In any place in the British dominions out of the United Kingdom, before any Court, judge, or jus- tice of the peace, or any person authorized to admi- nister oaths there in any Court. (3.) In any place out of the British dominions, before a British minister, consul, or vice-consul, or notary public, or before a judge or magistrate, his signa- ture being authenticated by the official seal of the Court to which such judge or magistrate is attached. Security. 158. Where a person is required to give security, such security shall be in the form of a bond with one or more surety or sureties to the person proposed to be secured. 169. The bond of any person other than a trustee shall be taken in a penal sum to the amount of double the sum in question up to the sum of 1,0002. ; and where the sum in question exceeds 1,0002. in the sum of 1,0002, beyond such sum, unless, in either case, the opposite party consents to it being taken for a less sum. 160. Where a person is required to give security he may, in lieu thereof, deposit with the Registrar a sum equal to the sum in question in respect of which security is to be given, and the probable costs of the trial of the question, together with a memorandum to be approved of by the Registrar and to be signed by such person, his attorney, or agent, setting forth the conditions on which the money is deposited. 161. The security of a Guarantee Association or Society may be given in lieu of a bond or a deposit. 162. In all cases where a person proposes to give a bond by way of security, he shall serve, by post or otherwise, on the opposite party and on the Registrar, at his office, notice of GENERAL RULES. 163 the proposed sureties according to the form set forth in the i go schedule, and the Registi-ar shall forthwith give notice to both ^^^^ pai'ties of the time and place at which he proposes that the 1 bond shall be executed, and shall state in the notice, that should the proposed obligee have any valid objection to make to the sureties, or either of them, it must then be made. 163. The sureties shall make an affidavit of their sufficiency according to the form in the schedule, unless the opposite party shall dispense with such affidavit, and such sureties shall attend the Court to be cross-examined if required. 164. The bond shall be executed and attested in the pre- sence of the Registrar, or before a justice of the peace, or an attorney. 166. Where a person makes a deposit of money in lieu of giving a bond, the Registrar shall forthwith givenotice to the person to whom the security is to be given of such deposit having been made. Witnesses. 166. A subpoena for the attendance of a witness capable of Sects. 6.!, 68, giving evidence concerning any matter in the Court, before ^°<^ '^• or after adjudication, shall be issued by the Court at the in- stance of a trustee, a creditor, a debtor, or' any respondent in any matter, with or without a clause requiring the pro- duction of books, deeds, papers, and writings in his posses- sion or control, and in such subpoena the name of only one witness shall be inserted. A subpoena may b^ issued in blank as at common law. 167. A sealed copy of the subpoena shall be served per- sonally on the witness by the person at whose instance the same is issued, or by his attorney, or by an officer of the Court, within a reasonable time before the time of the return thereof. 168. Service of the subpoena shall, where required, be proved by affidavit. 169. The Court may in any matter limit the number of witnesses to be allowed on taxation of costs, and their allowance for attendance shall in no case exceed the highest rate of the allowances mentioned in the scale in the sche- dule. 170. The costs of witnesses, whether they have been ex- amined or not, may, in the discretioa of the Court, be allowed. Discover!/ of Banh-upfs Property. 171. Every application to the Court under section 96 of S ct. 96. the Bankruptcy Act, 1869, shall be in writing, and shall state shortly the grounds upon which the application is made; and where the application is not made on behalf of the trustee, 164 GENERAL RULES. 172- 178. Sect. 54. Form 63. Form 64. Sect. 99. the grounds upon which the d-pplicatidn is made shall he verified by afiSdavit. Application for Discharge during three years after close of Bankruptcy. 172. Where a bankrupt who haS not obtained his order of discharge shallj after the close of the bankruptcy, pay or tender to the several creditors who have proved their debts, a sum, which with the dividend paid previous to the close of the bankruptcy shall make up a dividend of not less than ten shillings in the pound, and shall desire to obtain an order of discharge, he shall file with the Kegistrir a statement, verified by affidavit, of the sums so paid Or tendbred, and when and where paid, with the receipts of the creditors or their repre- sentatives for the sums respectively paid to them written on or attached thereto. 173. The Registrar shall appoint a day for thS hearing of the application for the order of di-charge, aud a notice thereof shall be gazetted twenty-one days before the day ap- pointed, and a copy thereof shall be sent by the Registrar to each Creditor who has proved or cUiuled a debt under the bankruptcy-. 174. Where a creditor cannot be found or is dead; and no representative is known, the bankrupt may deposit the money payable to such creditor with the Registrar. 175. At the hearing of the application, an order of dis' charge may be granted, if the Court is satisfied that a sum equal to a dividend of ten shillings ia the pound has been paid to all the creditors who proved their debts, unless, on a representation of creditors undflr section forty-eight of the Act, thfe Court thinks it Just to suspend or withhold such order. Arrests, Commitments. 176. A warratit df seizure or a search warrant or any other warrant issued under the provisions of the Act shall be Ad- dressed to such officer of the London Court of Bankruptcy, or to such High Bailifi' of any County Court, whether siich County Court has jurisdiction in bankruptcy, or not, as the Court may in each case direct. 177. Where a bankrupt is arrested under a warrant issued under section 86 of the Act, he shall be safely kept by being lodged within the prison, to the keeper of which the warrant is, amongst others, addressed ; and any books, papers, moneys, goods, and chattels in the possession of the bankrupt, which may be seized, shall be lodged with the trustee of the pro- perty of the bankrupt forthwith. 178. An application to the Ctturt to commit any person for contempt of Court shall be supported by affidavit) and be filed in the Court in which the proceedings are. GENERAL KULES. 165 179. Upon the filiug of such application the Registrar 179_ BhaU fix a time and place for the Court to hear the applica- 184 tion, and shall issue a notice to be served by an Officer or L^ High Bailiff of the Court persQnally pn the person sought to be committed three days at the least before the day of hear- ing the application, unless the Court shall, by order upon good cause shown, direct service of the notice to be made in some other manner, in which case it shall be served together with a copy of the order in the manner so directed. Selling aside Pay, CD. (l.s.) in the presence of ) B.F. (L.s.) Note. — If a deposit of money be made, the ^morandum thereof shdnld follow the terms of the condition of the iond. No. 41. iCertifieate of Appointment of Trustee. The Bankedptcy Act, 1869. In the London Court of Bankruptcy [or the County Court of holden at J. This is to certify that G.ff. of has been duly appointed trustee of the property of A,S. of , adjudicated bankrupt .on the day of 187 . Given under the seal of the Court this day of ,187 .. Rsgistrar. SCHEDULE OF FORMS. 225 No. 42. 42-44. Notice in Gazette of the Appointme^it ofTritstee and of day for public examination of Bankrupt. In the London Bankruptcy Court [oi- the County Court of Kule 70<, hoHen at ]. In the matter ot A.B. oi , a bankrupt. G.H. of 1 , has been appointed trustee of the property of the bankrupt. The Court has appoiirted the pubUc examination of the bankrupt to take place at on the day of at o'clock in the , noon. AH persons having in their possession any of the effects of the bankrupt must deliver them to the trustee, 'and all debts due to the bankrupt must be paid to the trustee. Creditors who have not yet proved their debts must forward their proofs of debts to ~the trustee. Dated this day of _ 187 No. 43. Admission of Debt hy Debtor of Banhnigt. The BAHKKnpicT Act, 1869. In the London Bankruptcy Court \ar the County Court of Sect 98. holden at ]. In the matter of A.B.,ai , a bankrupt. I, the undersigned J.K. of , do herebyjadmit that I am indebted to the said bankrupt in the sum of pounds, upon the balance of accounts between myself and the said bankrupt. Witness, JS- ■CD., Registrar. No. 44. Order to pay admitted Debt. The Baskruptoy Act, 1869. In the London Bankruptcy Court [or the Coimty Court of Sect. holden at ]. In the matter of jl.i!., of , a bankrupt. Whbeeas J.K. of , in his examination taken this day, and signed and subscribed by him, has admittedthat he is indebted to the said bankrupt in the sum of pounds, on the balance of accounts between him and the. bankrupt; it is ordered that the said /..S'.'do 226 SCHEDULE OF FORMS. 45_4g, pay to the trustee of the property of the bankrupt, in full discharge of the sum so admitted, the sum of pounds forthwith [or if otherwise, state the time and manner of payment], and do further pay to the said trustee the sum of pounds for costs. Given under the seal of the Court this day of 187 . By the Court, Kegistrar. No. 45. Memorandum ofpvblic Examination of Bamhrupt. The Bakkkoetcy Act, 1869. In the London Bankruptcy Court \or the County Court of holden at ]. In the matter of A.B., of , a bankrupt. Memorandum. — That I the above-named bankrupt being sworn and examined, upon my oath say, that the statement of accounts filed on the day of 187 , with the proceedings in the above matter, containing sheets of paper, the first sheet whereof is marked with the letter A, is true, and that the said statement of accounts do contain and is a full- and true disclosure and discovery of all my estate and effects both real and personal whatsoever and wheresoever. And I further say, that at the time of this my examination, I have delivered up to the trustee of my property, all such parts of my goods, wares, and merchandizes, money, estate, and effects, and all books, papers, and writings relating thereto, as are now in my custody, possession, or power. And I further say that I have not removed, concealed, embezzled, or destroyed any part of my estate, real or personal, nor any books of accounts, papers or writings relating thereto, with an intent to defraud my creditors. [Here insert any special matter^ A.B. No. 46. Notice of Meeting to he held ore Resignation of Trustee. The Bankruptot Act, 1869. Sect. 83. ^ ^^^ London Bankruptcy Court [or the County Court of holden at ]. In the matter of A.B., of , a bankrupt. The committee of inspection hereby give you notice that a meeting of creditors wUl be held at on the day of 187 , SCHEDULE OF FOEMS. 227 at o'clock in the noon, for the purpose of appointing 417 ^g a trustee in the place of the^late trustee, who has resigned '~ the office [or who has died, or has become bankrupt]. For the Committee, KP., To X. T. One of the said Committee. No. 47. Minutes at Meeting for receiving Sesignation of Trustee, &c. The Bankruptcy Act, 1869. In the London Bankruptcy Court [or the County Court of Sect, holden at ]. In the matter of A.B., of , a bankrupt. Minutes of proceedings had at a meeting of creditors of the said bankrupt held at on the day of 187 Chairman of the meeting, E.F. of We the undersigned [here sJiould follow similar resolutions to those appointing the late trusteCj tSsc., at the first meeting'], E.F., Chairman of this meeting. No, 48. Report and Certificate of Appointment of Trustee to fill a Vacancy caused by a Resignation. The Bankeoptcy Act, 1869. In the London Bankruptcy Court \or the County Court of 'holden at ]. In the matter of A.B., of , a bankrupt. It is reported to the Court as follows : — 1. That a meeting of creditors in this bankruptcy was held at on the day of at o'clock in the noon, for the purpose of receiving of 6.H., his resignation of the office of trustee and of appointing a person to fill such office [or for the purpose of appointing a trustee who is dead, or who has been adjudged bankrupt]. 2. That the said G.H. resigned the office of trustee and by resolution at such meeting, N. 0., of , was appointed to fill the office of trustee of the property of the bankrupt. 3. That by another resolution it was declared that the said N.O. should give security for the due performance of the said office, by entering into a bond in the sum of with two sufficient securities, [or as the case may be]. F.K., Chairman. 238 SCHEDULE OF FORMS. 49-50. Rule 135. Ko. 49. ■ ■ Notice in Oazette of intended Dividend. In the London Bankruptcy Court [or the County Court of holden at ]. A dividend is intended tabe declared in the matter of A .B., of , adjudicated a bankrupt on the day of 187 . ■ _ . Creditors who have not proved their debts by the day of 187 , wiU be excluded. Dated this day bt 187 . G.H., Trustee. No. 50. Application hy Creditor for order for Trustee to pay Dividend and Order thereon. The Bankeuptot Act, 1869. Sect 4S. jjj ^.jjg London Bankruptcy Court [or the County Court of holden at ]■ . . In the matter of A.B., of , a bankrupt. I, F.K,, of , make application to this Court for an order to be made upon the trustee to pay the dividend in this bankruptcy due to me, with interest thereon for the time it has been withheld from me, that is to- say, from the day of 187 , on which day I applied to the trustee for its payment to me, and also to pay to me the costs of this application. Dated this day of 187 -. F.K. •Upon the reading of this application, and upon hearing the trustee [and the creditor, wTiere lie has hem required to attend and has attended}, it is ordered that the trustee do forthwith pay to the said F.K. the sum of pounds, the amount of such dividend. And it is further ordered that the trustee do pay to the said creditor at the same time the sum of , for ipterest on such dividend, being at the rate of 51. per cent, for the time that its payment has been withheld, together with a further sum of for the costs of this -application. Given under the seal of the Court this day of 187 . By the Court, Begistrar. (If the Court does not order payment, then, after the words "ii is ordered" insert the order made.) SCHEDULE OF FOEMS. 229 No. 51. 61-52. Beport of Trustee for closing Bankruptcy. Tke Bankkuptot Act, 1869. In the London Bankruptcy Court [or the County Court of Sect. 47. holden at ]. In the matter of A.B. of , a bankrupt. I, O.H., the trustee of the property of the bankrupt, do hereby report to this Court, as follows : — That the whole of the property of the bankrupt has been realized for the benefit of his creditors, [and a dividend to the amount of shillings in the pound has been paid its shown by the statement hereunto annexed] ; \or That so much of the property of the bankrupt as can, according to the joint opinion of myself and the committee of inspection, hereunto annexed in writing under our hands, be realized without needlessly protracting the bankruptcy, has been realized, as shown by the statement hereunto annexed, and a dividend to the amount of shillings has been paid]; \or That a composition or arrangement] offered by the bank- gect. 28. *Tipt was duly accepted by me [or that a general Scheme of settlement or arrangement of the affairs of the bankrupt has been assented to by me] to which the approval of this Court was given on the day of 187 .] Dated this day of 187 . a.ff., Trustee. No. 52. Order on report of Trustee as to the closing of a Bankruptcy. The BiNKEUPTOT Act, 1869. In the London Bankruptcy Court [or the County Court of Sect. 47. holden at ]. In the matter otA.B. of , a bankrupt. Upon reading a report of the trustee of the property of the banfaupt, d ited the day of 187 , reporting (Jwre set out the terms of the report) [and upon hearing {here insert the name of any person who^may tvppear to oppose an order for closing)^ the Court being satisfied that (here foUaw the terms of the report), doth order and declare that the bankruptcy of the said A.B, has closed, [or as the Court may otherwise order']. Given under the seal of the Court this day of 187 . By the Court, Begistrar. 230 SCHEDULE OF FOEMS. 53—54, No. 53. Application for directions ly TrvMee. Thb Bankbuptct Aot, 1869. Sect. 20. In the London Bankruptcy Court [or the County Court of holden at ]. Rule 112. In the matter of A.B. of , a bankrupt. _ I desire to make application to the Court for its directions [here state the particular matter in relation to which they are Trustee. Let this application be heard on the day of at o'clock in the noon [and let the trustee give notice, to [here insert the persons to whom it is to he Dated this day of 18 . Registrar. No. 54. Order on Application of Tr'oslee for Directions. The BANKunPTOT Act, 1869. Sect. 20. In the Loudon Bankruptcy Court [or the County Court of holden at ]. Rule 112, In the matter of ^.5. of , a bankrupt. Whereas at a Court held this day the trustee of the pro- perty of the bankrupt applied to this Court for its directions [here state the particular matter in relation to which they are sought]. Now upon hearing of CD., of , on the matter, it is ordered [here set out the order\ and that the trustee do pay out o£ his own monies [or out of the property of the bankrupt] the sum of the costs of this order, and the sum of to CD. for his costs \or that CD. do pay the sum of the costs of this order, and also the sum of to CD. for his costs]. Giyen under the seal of the Court this day of 187 . By the Court, Be^stran SCHEDULE OF FORMS. 231 ^°- ^^' 55-57. ' Notice in Gazette of Meeting to authorize the Trustee to accept a Composition. In the London Bankruptcy Court [or the County Court of Sect. 28. bolden at ]. A meeting of the creditors of ^.i?., of , adju- dicated a bamkrupt on the day of 187 J will be held at on the day of 187 , at o'clock in the noon, for the purpose of considering the propriety of sanctioning the acceptance by the trustee of a composition offered by the bankrupt of [or the assent by the trustee to a scheme of settlement of the affairs of the bankrupt], [and for the annulling thereafter of the order of adjudication made against the bankrupt.] • G.H., Trustee. No. 56. Order to stay Proceedings on a Composition, tie. The Bankruptcy Act, 1869. In the London Bankruptcy Court [or the County Court of Sect. SO, par. holden at ]. 10. In the matter of A.S, of , a bankrupt. Upon the application of ff.I). of it having been proved to the satisfaction of the Court that the proceed- ings in this bankruptcy ought to be stayed, by reason that negotiations are pending for the liquidation of the affairs of the bankrupt by arrangement, [or for the acceptance of a Sects. 125, composition by the creditors in satisfaction of the debts due 126. to them from the debtor,] [or, state any other reason that may have been proved to exist for the order] : It is ordered that the proceedings in this bankruptcy be stayed until further order. Given under the seal of the Court this day of 187 . By the Court, Registrar. No. 57. Application to annul Adjudication under Sect. 28. The Bankruptcy Act, 1869. In the London Bankruptcy Court [or the County Court of Sect 28. holden at ]. In the matter oi A.B. oi , a bankrupt. I, B.S. of , being interested in this matter. 232. SCHEDULE OF FOEMS. 58—59. ^o hereby make application' io. tie Court that the order of .adjudication against the said bankrupt be annulled in ac- cordance with the terms of a composition, the acceptance of which by the trustee of the property of the bankrupt was sanctioned by special resolution at a meeting of creditors held on the day of at Dated this day of E.S. No. 68. Order Annulling Adjudication under Sect, 28. The Bankkuptot Act, 1869. Sect. 28. In the London Bankruptcy Court [or the County Court of ■ holden at ]. In the matter of 4.5. of , a bankrupt. Whereas at a meeting of creditors held under this bank- ruptcy on the day of , pursuant to notice given in the Gazette, it was resolved by a majority in number and three-fourths in value of the creditors then pre- sent or duly represented at the said meeting, that a composi- tion offered by the bankrupt for payment of the debts owing by him was calculated to benefit the general body of the cre- ditors under the estate, and should be accepted by the trustee . of the property of the bankrupt. And whereas the Court approving of the composition offered did testify such approval by the judge of this Court signing the instrument containing the terms of the composition. And whereas it was made a condition of the composition that the order of adjudication should be annulled; and whereas hath applied to this Court to annul the adju- dication accordingly. It is hereby ordered that the adjudication made against the said bankrupt be and the same is hereby annulled [add amy directions as to vesting the property of the bankrupt']. Given under the seal of the Court this day of 187 . By the Court, Begistiar. No. 59. Notice in, Gazette and Paper of BanJcruptey having heen amrnlled. The Bankeuptot Act, 1869. Sect. 81. In the London Bankruptcy Court [or the County Court of holden at ]. In the matter of j1. 5. of , a bankrupt. .Whereas under a bankruptcy petition presented to this SCHEDULE OF FORMS. 233 Court against the said A.JB. an order of adjudication was made gO — 61. on the day of 187. This is to give notice that the said adjudication was by order of this Court annulled on the day of 187 . Dated this day of 187 . Eegistrar. No. 60. Application for Selease hy Trustee and Order tJiereon. The Bankruptcy Act, 1869. In the London Bankruptcy Court [or the County ,Court of Sect. 51. holdeu at ]. In the matter of ^.5. of , a bankrupt. I, the trustee of the property of the said bankrupt, do make application to this Court for my release as such trustee. Dated this day of 187 . GM. On the hearing of the above appUcatiou it is ordered by the Court that the release of the said Q.ff. be granted, and it is hereby granted accordingly, and the said (?. M. is hereby removed from the office of trustee of the property of the bankrupt. Given under the seal of the Court this day of 187 . By the Court, Eegistrar. No. 61. Notice in Gazette of Day a Bankrupt will apply for his Discharge. In the London Bankruptcy Court [or the County Court of holden at ]. On the day of 187 , at o'clock in the noon,.4.-B., of , adjudicated bankrupt on the day of I87 , will apply for an order of discharge. Dated this day of 187 . Eegistrar. 234 SCHEDULE OF FOKMS. 62-63. ^°- 62. Application for Order of Discharge where a Dividend of not less than 10s. Jias been paid. The Bankbopiot Act, 1869. Scot. 48. In the London Bankruptcy Court [or the County Court of holden at ]. In the matter of A.B. of , a bankrupt. The bankruptcy of A.B. having been closed, a3 shown by the order pubhshed in the London Gazette on the day of 187 , and a dividend of [here state the amount of the dividend, which must he not less than 10s.] shillings in the pound having been paid out of his pro- perty to all the creditors who have proved, the said bankrupt doth hereby apply to the Court for an order of discharge. Dated this day of 187 . A.JB. Let this application be heard on the day of 187 , at o'clock in the noon. Dated this day of 18 . Registrar. Ifo. 63. Ajplicadon for Order of Discha/rge where the Failure to pay a Dividend of 10s. arose through Negligence or Fraud of Trustee. The Bankeuptot Act, 1869. Sect. 4S. In the London Bankruptcy Court [or the County Court of holden at ]. In the matter of j4.5. of , a bankrupt. The bankruptcy of A.B. having been closed, as shown by the order published in the London Gazette on the day of 187 , and the failure to pay a dividend of 10s. in the pound out of his property, having been caused through the negligence [or fraud] of the trustee, as proved by the proceedings which have been had in this Court for the removal of such trustee [or, as the case may have been], the said bankrupt doth hereby apply to the Court for an order of discharge. Dated this day of 187 . A.B. Let this application be heard on the day of 187 , at o'clock in the noon. Dated this day of 18 . Registrar. SCHEDULE OF FORMS. 235 No. 64. 64—65. Application for Order of Discharge on a Special Sesolution that the Baniruptcy or the Failure to pay a Dividend o/lOs. arose from Circumstances for which the BatHcrupi should not be held responsible. The Bankbuptct Act, 1869. In the London Bankruptcy Court {or the County Court of Sect. 4S. holden at ]. In the matter of A.£. of , a bankrupt. The bankruptcy of A.B. having been closed, as shown by the order published in the London Gazette on the day of 187 , and the creditors of the said bankrupt having, at a meeting held at on the day of 187 , passed a special resolution, as shown by the minutes of the proceedings had at such meeting, duly signed by the chairman thereof, to the effect that, in their opinion, his bankruptcy has arisen from circumstances for which the said bankrupt cannot justly be held responsible {or, that his failure to pay a divi- dend of 10s. in the pound, in their opinion, has arisen from circumstances for which the said bankrupt cannot justly be held responsible,] and that they desire that an order of dis- charge should be granted to the bankrupt, the said bankrupt doth hereby apply to the Court for an order of discharge. Dated this day of 187 A.B. Let this application be heard on the day of 187 , at o'clock in the noon. Dated this day of 18 . Kegistrar. No. 65. Application for an Order of Discharge during Continuance of BanTcrv/ptcy. The Bankkuptct Act, 1869. In the London Bankruptcy Court [or the County Court fccct. 48. of holden at ]. In the matter of A.B. of , a bankrupt. The creditors of the said bankrupt having, at a meeting held at on the day of 187 , passed a special resolution, as shown by the minutes of the proceedings had at such meeting, duly signed by the chairman thereof, assenting to the bankrupt applying to this Court for an order of discharge, although the bankruptcy has not been closed. [Show here, as in previous forms, whether a dividend of 10s. has been, paid, or could have been but for tlie negligence or fraud of the trustee, or that by special resohition the B 2 236 SCHEDULE OP FORMS. gg giji haiiJcrvptcy for the failure to pay a dividend of 10s. has ' arisen from circvmstances for which the bankrupt should not be held responsible.1 The said bankrupt, doth hereby apply to the Court for an order of discharge. Dated thia day of 187 A. B. Let this application be heard on the day of 187 , at o'clock in the noon. Dated this day of 187 . Kegistrar. Xo. 66. Memorandum of Application for Order of Discharge. The Bankruptcy Act, 1869. In the London Bankruptcy Court [or the County Court of holden at ]. In the matter of A.B., of , a bankrupt. The application of the said bankrupt for his order of dis- charge having been read, and the Court being satisfied that the bankrupt is entitled to such order, doth hereby grant it. [If suspended or withheld alter the form accordingly, and state reasons for suspending or withholding.] No. 67. Order of Discharge. The Bankettptot Act, 1869. Sect. 48. In the London Bankruptcy Court [or the County Court of holden at ]. In the matter of A.B. of , a bankrupt. Whereas at a Court held this day of 187 , the bankrupt applied for an order of discharge ; * and whereas it having been proved to the Court that a dividend of ten shillings in the pound has been paid [or might have been paid except through the negligence [or fraud] of the trustee of the property of the bankrupt, or that a special resolution of the creditors of the bankrupt has been passed to the effect that his bankruptcy [or the failure to pay a dividend of ten shillings in the pound] has, in their opinion, arisen from circumstances for which the bankrupt cannot justly be held responsible, and that they desire that an order of discharge should be granted to the bankrupt], an order of discharge is hereby granted. [Or, And whereas the Court, having had made to it a repre- sentation of the creditors of the bankrupt made by special SCHEDULE OF FORMS. 237 resolution of the creditors passed at a meeting of them held gg— 69. at on the day of 187 , L duly signed by the chairman thereof, that the bankrupt has made default in giving up to his creditors the property which he is required by the Bankruptcy Act, 1869, to give up [or that a prosecution has been commenced against the bankrupt in pursuance of the provisions relating to the punishment of fraudulent debtors contained in the Debtors' Act, 1869, in respect of an ofience alleged to have been committed by the bankrupt against the said Act] ; and whereas the Court, being satisfied of the truth of the representation of the creditors made by the said special resolution, it is ordered that the discharge of the bankrupt be withheld altogether [or suspended tmtil from the date of this order]. Given under the seal of the Court this day of 187 By the Court, Begistrar. No. 68. Notice to Creditors of a Bamhrupt, who has paid, an addi- tional sum after close of his Bankruptcy, maJcing vp a divi- dend of 10s. in the pound, that he will apply for an Order of Discharge. The Bankbuptot Act, 1869. In the London Bankruptcy Covat \pr the County Court of Sect. 54. holden at ]. In the matter of ^l.-B. of , a bankrupt. To the creditors of the said bankrupt. Take notice that the bankrupt will apply to this Court Eules 125 to on the day of 187 , at 128. o'clock in the noon, for an order of discharge on the ground that he has paid to his several creditors since the close of the bankruptcy a sum, which with the dividend of paid makes up ten shillings in the poimd on all the debts proved in his bankruptcy. Dated this day of 187 Registrar. No. 69. Notice in Gazette of Order of Discharge. In the London Bankruptcy Court [or the County Coiu't of Sect. 48. holden at ]. In the matter of A.B. of , a bankrupt. An order of discharge waa granted to A.B. of , Bule 95. who was adjudicated bankrupt on the day of 187 Begistrar. 238 SCHEDULE OF FOKMS. 70—71 No. 70. ' Notice m Gazette that a Creditor seeks to enforce Payment of his Debt out of the Properly of an imdischarged Bankrupt, Sect. 54, par. In the London Bankruptcy Court \pr the County Court of holden at ]. Bules 135 to Notice. — The sanction of this Court is sought for the ^^^- enforcement against A.B. adjudicated bankrupt on the day of , 187 , of the payment of the balance remaining unpaid of a debt proved under his bankruptcy. The bankruptcy was closed on the day of 187 . All persons who have become creditors of this bankrupt since such day, and who may desire to show cause against the granting of the sanction sought, should attend at this Court on the day of 187 , at o'clock in the noon. No. 71. Search Warrant. The Babkboptot Act, 1869. Sects. 76 and In the London Bankruptcy Court [or the County Court of ''^- holden at ' ]. In the matter of A.B. of , a bankrupt. Eulel76. "Whereas by evidence duly taken upon oath it hath been made to appear to the Court that there is reason to suspect and believe that property of the said bankrupt is concealed in,the house [w other place, describing it as the case may 6c] of one X.M. of in the county of such house [or place] not belonging to the said bankrupt. These are therefore to require you to enter in the daytime into the house [or other place, describing it'] of the said X.M. situate at aforesaid, and there diligently to search for the said property, and if any property of the said bank- rupt shall be there found by you on such search, that you seize the same, to be disposed of and dealt with according to the provisions of the said Act. Given under the seal of the Court this day of 187 . Begistrar. To the X.Y. officer of this Court, and his assistants [or High BaUiif and others the Bailifis of this Court]. SCHEDULE OF FOEMS. 239 Ko. 72. 72-73. Warrant of Seizure. ' The Bankruftoy Act, 1869. In tUe London Bankruptcy Court [or the County Court of Sect. 90. holden at ]. In the matter of A.£. of , a bankrupt. Whereas on the day of 187 , an order Rule 166. of adjudication was made against the said bankrupt : — These are therefore to require you forthwith to enter into and upon the house and houses, and other the premises of the said bankrupt, and also in all other place and places belonging to the said bankrupt where any of his goods and monies are or are reputed to be ; and there seize all the ready money, jewels, plate, household stuff, goods, merchandize, books of accounts, and all other things whatsoever, belonging to the said bankrupt except his necessary wearing apparel, bedding, and tools, as excepted by the said statute in that behalf. And that which you shall so seize you shall safely detain and keep in your possession until you shall receive other orders in writing for the disposal thereof from the trustee ; and in case of resistance or of not having the key or keys of any door or lock of any premises belonging to the said bank- rupt where any of his goods are or are suspected to be, you shall break open, or cause the same to be broken open for the better execution of this warrant. Given under the seal of the Court this day of 187 . Registrar. To the X T. officer of this Court, and to his assistants \or to the High Bailiff and others the BaUifis of this Court]. No. 73. Warrant against Debtor ahout to quit Eru/land, f Conimittial nnd^ Sect. 93. The fiANKB0PTcr Act, 1869. In the London Bankruptcy Co^u-'t [or the County Cotirt of holden at ]. In the matter of A.£., of , a bankrupt. Upon the application of thte ti'astee ot the property of the bankrupt, and upon hearing L.M. [or if L.M. does not appear], Vending the affidavit of [here imseti name and description of person by whom the notice to thorn muse was served] and lipoii leading the affidavit of [ehter evidence] the Couit bting of opinion that L.M. has been gViilty of a contempt of this Court by having failed to pay arid deliver to the Said tru^ee certain monies [and securities] [here follow the notice], and that the said L.M. do stand (ibm'mitted to [here inseit prison] for his said contempt. Given under the seal of the C6u A tiiis day of 187 . By ^t^e Court, Registrar. 250 SCHEDULE OF FORMS. 92 _93. No. 92. Ordei- of Committal under Sect 28 or 126. The BANKRnpTCT Act, 1869. Sects. 28, In the London Bankruptcy Court [or the County Court of 126. holden at ]. In the matter of A.B., of , a bankrupt [or where bankruptcy annulled or proceeding under Sect. 126. In the matter of a composition made by A.B., of ]. M'hereaa by an order of this Court made on the day of 187 [Aefc recite the order]. Now upon the application of CD., of , and upon hearing A.B, (or as the case may he) [or if he does not appear] reading the affidavit of [here insert name and description of person by whom the order was served on A.B^, and upon reading the affidavit of [enter evidence], the Court being of opinion that the said .4. B. has been guilty of a contempt of this Court by his disobedience of the said order, it is ordered that the said A.B. do stand committed to [here insert prison] for his said contempt. Given under the seal of the Court this day of 187 . By the Court, Registrar. No. 93. Warrant of Committal for Contempt. Sects. 19, 28, In the London Bankruptcy Court [or the County Court of 38> -126. holden at ]. In the matter ot A.B., oi a bankrupt. To X.Y. Officer of this Court [or where wan-ant issues from a County Court, To the High Bailiff and others the Bailiffs of the said Court], and to the Governor or Keeper of the [here insert the prison]. Whereas by an order of this Court bearing date the day of 187 , it was ordered that the said baukrupt [or L.M., of ] should stand committed for contempt of this Court. These are therefore to require you the said X.Y [or High Bailiffi, Bailiffs}, and others, to take the said A.B. [or L.M.] and to deliver him to the Governor or Keeper of the above-named prison, and you the said Governor or Keeper to receive the said A.B., and him safely to keep in the said prison until such time as this Court shall order. Given under the seal of the Court this day of 18 By the Court, Registrar. SCHEDULE OF FORMS. 251 No. 94. 94—95. Order for Dischargefram Custody on Contetnpt, The Bankrdpiot Act, 1869. In the London Bankruptcy Court [or the County Court of holden at ]. In the matter of A.B., ot , a bankrupt. Upon application made this day of for A.B., who was committed to prison for contempt by order of this Court, dated the day of 187 , and upon reading his affidavit showing that he has cleared [or is desirous of clearing] hia contempt, and has paid the costs occasioned thereby, and upon hearing the trustee, [or CD. of ], it is ordered that the Governor or Keeper of {here ivsei-t name of prisoni, do dis- charge the said A.B. out of his custody, as to the said contempt. Given under the seal of the Court this day of 187 . By the Court, . Registrar. No. 95. Warrant to wpprehend a Person summoned wader Sect. 96, The Bankruptbt Act, 1869. In the London Bankruptcy Court [or the County Court of Sect. 24, holden at ]. In the matter of ^.i?., of , a bankrupt. To X. Y. and his assistants of this Court [or where warrant issues from a County Court, To the High Bailiff and others the Bailiffs of the said Court]. Whereas by summons or aubpeena dated the day of 187 , and directed to the said A.B. [or to F.M. of ], he was required personally to be and appear on the day of instant, at o'clock in the noon at this Court, to be examined ; and which said summons or subpoena was afterwards, on the day of , 187 , as hath been proved upon oath, duly served upon the said , and a reasonable sum was tendered him for his expenses. And whereas the said having no lawful impediment made known to or allowed by this Court hath not appeared before me as by the said summons or subpoena he was required, but therein has wholly made default. These are therefore to will, require, and authorize you and every of you to whom this warrant is directed, immediately upon receipt hereof, to take the said s 2 252 SCHEDULE OF FORMS. Qfl_Q7 , and bring him before this Court on the " ^'' day of in order to his being examined aa aforesaid, and for your so doing this shaU be your sufficient Wartant. Given under the seal of the Court this day of 187 . By the Court, Registrar. No. 96. Order to Postmaster General. The BankroptcT Aot; 186&. Ill the London Bankruptcy Court [or the County Court of holden at ]. In the matter of A.B., of - , a bankrupt. Upon the applicatioh of G B. 6t , the trtistefe of the property of the abdve bankrupt, it is oi'dered that for a period of thtee months frdm (Jiere insert the date of the order of adjudicatwn) all post letters directed or addressed to the said bankrupt at [here insert only the place or places of which the bankrupt is described in such order of adjudication] shall be re-directed, sent, or delivered by the Postniaster Geneial or officers acting Undet him to the said trustee at , and that a sealed duplicate of this order bti forthwith trans- mitted by the trustee to the Postmaster General, or officers acting under him. Given under the seal of the Court this day of 187 . By the Cdurt, Begistrar. No. 97. Certificate to Speaker of the Mouse of Oonimons vMdef Sect. 122. The Bankruptcy Act, 1869. In the Loddon Bankruptcy Court [or the County Court of holdfen at ]. In the matter of A.JB., of , a bankrupt. It is hereby certified by this Court to the Right Honour- able the Speaker of the House of COmmonS that the aa,idA.B. being a member of the Commons House of Parliament, was by and under an order of adjUdifcatioti madfe by this Court on the day of 187 ddjtidged a bank- rupt. And that although one year has expired since the date of the said order of adjudication was lilade the said order of adjudication hath not been annulled, nor have the debts of SCHEDULE OF FOKMS. ?53 the creditors who proved debts under the bankruptcy been 98 99. fully paid or satisfied. Certified under t)ie seal o( the Court this day Qf 187 . By the Court, Registrar, No, 98. Qr.der to Summon a Common Jary. The Bankkuptct Act, 1869. In the London Bankruptcy Couyt. Ip the matter oi Upon motion this day made, &o. It is ordered that the sheriff do summon a sufficient number of comrnon jurors for the trial of a certain question [or certain questions] of fact, to be tried before the Chief Judge, in his Court, at , in the county of Middlesex, on the day of , 18 , at of the clock in the forenoon precisely. And it js ordered that the said sherifr do attend with the siaid jurqrs accordiifgly. No. 99. Order for a Special Jury. The Bankeuetcy Act, 1869. In the iflatter of Upon motion this day niadp, &c. It is ordered that, at the expense of the plaintiff ]or defendant, or petitioner, or respondent] in tfee first instance, forty-eight special jurors be nominated by ballot out of the special jurors' list for the county of , of persons qualified to serve on special juries for the said county, and be reduced tefore thp under gheri^ of the said county ; and that twelve of thpm be struck out by each party, and that the names of the remaining twenty-four be placed on a panel for the trial of a certairj question [or certain questions] of fact [or as to the amount of damages sustained by ] in this cause [or matter], and that the said sheriff of the said county do cause the sajd twenty-four jurors to be summoned to attend at the sajd trial, on,&o. [as in preceding form], and that the said sheriff do also summon twelve common jurors to attend at the said trial on the day and at the time and place aforesaid. Aijd it is ordered that the said sheriff and the said jurors do attend accordingly. H^.B. — If special jury, obtained on ike application of either party, iitithout the special direction of the Court, leave out the •words " in the first imtance." 254 SCHEDULE OF FORMS. 100- 102. No. 100. Form of Oath to 5e taken hy the Usher of the Cov/rt on Jury retiring to consider their Verdict. The Bankbuptot Act, 1869. You shall well and truly keep this Jury in some private and convenient place, without meat, drink, or fire (candle- light excepted). You shall not suffer any person to speak to them, neither shall you speak to them yourself, without leave of the Court, except to ask them if they are agreed on their verdict. No. 101. Reqistee of Bankruptcies in the London Bankruptcy Court. i § ■i ft i 1 '^ ft II 1 1 1 s 1 s s 1" r 1^1 a o a 1 Mi H li 1 1 1 ■s u i SI 11 ?! j1 similar 'Form, for Register of Banhrv/ptdes in the County Courts to he used, adding a heading showing name of Court in which matter is. SCHEDULE OF FORMS. 255 No. 102. Bankruptcy Petition Book to be kept by Chief Registrars of the London Bankruptcy Court, and Registraxs of the County Courts. 102— 103. ■a* D a O U ■a a No. 103. Debtor's Summons Book to be kept by the Chief Begistrar in the London Bankruptcy Court or a flegistrar of a County Court. Debtor. Whsn filed. Attorney. Result of Summons. 256 SCHEDULE OF FOKMS. No 104. — Estate Book. {Pro formd.) Dates. . Eeceipts or Payments. State of Bank Account. State of Trustee's Account. 18T0. March 14 Dr. Beoeirec^ cash on bankrupt's desk ...... deposit account . "1 . . Or. Paid into bank accoupt . Dr. Beceived airears of rent due by." Jas. Johnstone . . £25. „ Half-year's rent to Christm.is from do. . ... lJ-10 „ Do. from ViUiam George for shop . 27 10 „ Do. from John Wil- liams for cellar . 5 £ s. d. £40 £75 £ .. d. 5 39 14 6 » )» £44 14 6 40 ,. 20 £4 14 6 76 Or. Paid into hanli; .... Dr. Heodved from John Thompson debt due by him . 75 16 8 ,, Beceived from Wm. ^ones, do. , . . 5 2 6 ■ > » £79 14 6 75 ,. 30 £115 480 0, 4 14 6 ., i^0 1» 2 Or. Pai4 into Ijank .... iJr. Beceived proceeds of hoiMehold furniture sol(J by J. Wuliams, auctioneer. . ' . " .' ' . . Dr. Paid into, hank Pr. Beceived dividwdsi on gas shares, pay- able at Lady Day, 1870 . . . £3. „ Fric« of gas shares sold . . . . 126 80 19 2 •> £85 13 S 80 .. 31 £195 £6 13 8 ISO 8 4 .. » £195 -iiO 8 i £156 2 160 8 4 1870. April 3 3^5 8 4 126 Q 6 13 8 129 Or. Paid Into bank .... 11 M 134 13 8 126 £8 13 8 SCHEDULE OF FORMS. 257 Dates. Receipts or Payments. State of Bank Account. State of Trustee's Account. 18T0. April 16 J)r. Received from Thomas Thom- son, amount of debt due by him Or. Paid into bank .... Pr- Received pe^, draft on bank account '. . . . Or. Paid to account of allowance to bankrupt ... IV. Received per di'af t on bank $fi- count Cr. Paid rates and taxes . , . Dr. Received per draft on bapk ac. count "...., Cr. Paid allowance to bankrupt ' . . £13 12 „ Law expenses and miscellaneous charges ^ . . 16 12 £ I. d. 15 £ s. d. 8 2 4 >. 16 16 15 „ SO £486 8 4 20 iSl 16 20 ,. £466 8 4 10 £21 16 20 „ May 2 1 16 10 >> „ 456 8 4 11 16 9 6 „ June 1 £456 8 4 30 £2 10 30 " m. 8 4 426 8 4 32 10 SO 4 at 1^ June, 1^70 (datg of audit), explu- ; from commencement o| account^ to at the end of the year .... Balance in bank sive of interes be ascertained Balance in the trustee's hands at 14 June, 1870 . . Add balance in bank, as above . . '. 2 6 426 8 4 Total balanc estate, as i e of assets realized in favour of the It 14 June, 18T0 £428 14 4 (Signed) G.E., Trualee. 258 SCHEDULE OF FOKMS. No. 105. — Annual Return to I 6. 7. .3 ^ ■3 •Sg- g-J ■i. ^^ V 13 rd O 1" . §S «« a »§ V 9 Sp' 15 iz; as O CO 10. 11. NOTE.- -The amount of the payments included in columns 12, 14, and 18, when trustees' last SCHEDULE OF FORMS. 259 Be made bt Trustees. 12. ^ p P a o f3 j:! a S S " a o s o p, o o ^ d o Q|(a E^ 2 £ S i>. h w v •g§S53 UQQ o « 14. 15, P Q IT. Amount of Expenses incurred and paid under the following heuda : tT 1 £ 4 •H ■a S. ■a ^ bo ^ ■§ ft ^ h] 3 2 .53 jS o ^ " n S £ CO ^3i a o S ^J d a rtta.i5>g set against the receipts in column 11, ought to bring out the balance of the audited account. 260 SCHEDULE OF FO&MS. 107, petition wader Sections 125, 126. The Bankruptot Act, 1869. Tq the London Banlfruptpy Court [or the County Court of , holden a,^ ]. The humble Retition of A.B., of, &e. ShoTveth, Ths^t your petitioner alleges that he ia unable to pay his debts, and is desirous of instituting p|:oceedinga for liquidation of his affairs by £|,rrangement or composition with his creditors, and hereby submits to the jurisdiption of this Cqurt in the matter of such proceedings. {In the case of a trader, add " and that your petitionee estimates the amount pf t^he debts owing by Jum tp his creditors at £ ".) [A dd where petition presented to A, Cownty Oowrt, That your petitioner dops not reside or carry on business within the district of the London Bankruptcy Court.] Your petitioner therefore prays that notices convening such genera} meeting or meetings of his creditors as may be necessary to be given by him during the course of such proceedings m^y be sent in the prescribed manner, and th^t such resolution or resolutions us his creditors may lawfuUy pass in the course pf such proceedings, and as may ^equfre registration, may be duly registered by the Kegistrar of the Cour^. And your petitioner shall eyer pfay, &o. A.B. Signed by the pefiitioner, A.B., on the day of , 187 , In the presence pf Registrar or Attorney,. (Address). Jf the petition he ^y partners, alter the for0: acfor^ingly. No. lor. Affidavit iijp support of Petition undev Sectunis 125, 126. The BANKEUE^'Or Aqi, 1869. In the London Bankruptcy Court [qr the Cqunty Court of holden at ]. I, A.B., of , make oath ^nd ^ay, as follows ; — I am the [or one of the] petitioner [or. petitioners] n^med in the petition hereunto annexed. I verily believe that it will be most convenient to the creditors whose debts exceed ten pounds that the general meeting should be held at Sworn ai . ' 4;-S, SCHEDULE OF FORMS. 261 ( Where an A ttomey it employed add the following Certificate.) jQg I certify my belief that it will be most convenient to the 109. creditors of the petitioner that the general meeting should be held at [as above]. CD., Attorney in the matter of the petition. No. 108; Notice to Creditors of General Meeting-. The Bankkuptot Aril, 1869. In the London Court of Bankruptcy [or thS Coutity Cotirt of , holden at ]. In the matter of proceedings for liquidation by arrailge- mient or composition with creditors instituted hf A.B. of (description as in petition). A general meeting of the creditors of the above-named person [or pfersons] is hereby summoned to be held at {here insert name of totim, and street or place) on , the day of instant [or next], at o'clock in thfe noon precisely. The sections of the Bankruptcy Act, 1869, under which the proceedings are instituted provide as follows : — (Sere extract from clause 125, subsections 1 and 5, and the two first paragraphs of sect. 126.) A form of proof and proxy Will be fOund on the third side of this notice. Dated the day of , 1 87 . (Signed) A.B. (Debtoir), or, CD. (adding address); Attohiey for the said debtor. In case ofpaHnersMp the notice must be signed by one of the partners in the partnership name, or by all the partners, or b^ a solicitor or solicitors in their behalf. So. 109. Affidavit to be anmexed to the Notice su/mmoning First General In the London Cotirt of Bankruptcy [or the County Court of , holden at ]. In the matter of proceedings for liquidation by arrange- ment or composition with creditors instituted by A.B., of, &e. I of make oath afad say, as follojys : — The said A.B. was at the date of thfe institution of the said 262 SCHEDULE OF FORMS. 110. proceedings and still is justly and truly indebted to me in the sum of for {state consideration) for which said sum or any part thereof I say that I hare not nor hath any person by my order or to my knowledge or belief for my use had or received any manner of satisfaction or security what- soevex, save and except the following : — [Sere set out security, or if bills be held specify them in the Drawn. Acceptor. Amount. Due Date. Sworn at I appoint CD-, of, &c., my proxy in the above matter. £.F. [or Q.H. of in partnership i(ame]. No. 110. Request with List of Creditors. The Bankruptot Act, 1869. In the London Court of Bankruptcy [or the Cou^ty Court of holden at ]. In the matter of proceedings for liquida- tion by arrangement or composition with creditors instituted by {insert name; the address need not be imsetied). To the Kegistrar. I [or we] request that the notices of the general meeting on the day of 187 , herewith delivered to you, duly addressed and stamped for post, may be sent to the under scheduled creditors. Dated this day of 187 . (To be signed by the debtor or one of the deblori or his or their attorney.) SCHEDULE OF FOEMS. 263 Names of Creditors or Firms of Creditors. Addresses. Estimated Amount of Debt. No. Ill, Notice for Gazelle. The Bankruptcy Act, 1869. In the London Court of Bankruptcy [or the County Court of , holden at ]. In the matter of proceedings for liquidation by arrange- ment or composition with creditors instituted by ^d.-B. of Notice is hereby given that a first (or second, at the case may be) general meeting of the creditors of the above-named person or persons has been summoned to be held at , on the day of , at o'clock in the noon precisely. Dated this day of , 18 . A.B. or CD. (Attorney for the said A.B.) The signatwe to this notice, if not sealed, must be verified by affidavit, unless signed by a London Solicitor. 264 SCHEDULE OF FORMS. 112- No. 112. 113. Order changing Place of Meeting. The BANKBtrpTOT Act, 1869. In the London Court of Bankruptcy [otr the County Court of , holden at ]. In the matter of proceedings for liquidation by arrange- ment or cbmpositioii with creditors instituted by of, &c. {foU&umig descriptimi as in petition). Upon sufficient cauSe this day shown tb the satisfaction of the Coutt, the general meeting of creditors in this matter summoned for the the day of , is hereby directed to be held at , in lieu of the place Originally named. And hereof let notice bfe given forth'^ith. Dated this day of , 187 . Eegistrar," or DBputy Registrar. Ko. 113. Nomiitation of Receiver or MaAager hy Creditor's. The BASKRUPTOr Act, 1869. . in the Loudon Court 'of Bankruptcy [6r in the County Court of , holden at ]. In the matter of proceedings for liquidation by arrange- ment or composition with creditors instituted \>y A.3. of, &c. We, the uhdersigned, being & majority in value of the ci^ditora of the said A.B., do hereby noniiuate and appoint Mr. of to be receiver (or manager) of the trade effects (and business) 6i the said A.B., Jiending thd resolution to be come to by the creditors under the said proceedings. Dated this da^ of 187 . Witness's Name and Address. Creditors* Signatures. Amount of Debt. SCHEDULE OF FOEMS. No. 114. Lilt of Creditors assembled to be used at every General Meeting. The Bankruptcy Act, 1869. In the London Court <»f Bankrnptoy [or the County Court of , holden at ]. In the matter of 265 114. General Meeting, held at this day of 187 No. of Assents of Oreditors Debts exceed lOt. Namber. Names of Creditors assembled. Total number of cre- ditors assembled. Total number of Totals Amount of Assent. AmMmt of Proof. 266 SCHEDULE OF FOKMS. 115- No. 115. lit). First General Meeting where Liquidation hy A rrangement resolved on. The Bankruptcy Act, 1869. In the London Court of Bankruptcy [or the County Court of , holden at ]. In the matter of proceedings for liquida^tion by arrange- ment or composition with creditor? instituted by We, the undersigned, being the statutory majority of credi- tors, assembled at the general meeting in, the above matter duly held at , this day of , 187 , in accordance with the provisions of the said Act, do hereby resolve aa, follows :— - (1.) That the affairs, of the. said shall be liquidated by arrangement and not in bankruptcy. (2.) That be and he is hereby appointed trustee.. (3.) That be and they are hereby appointed a committee of inspection {or in lieu of 2 cmd. 3, the foUoioing : — That a sub- sequent meeting be held at on , at o'clock, a.m. [or p.m.] preeis^y, for the appointment of a trustee with or without a committee of inspection). (4.) That be entrusted with the regis- tration, of this special resolution. IJBei-e follow signatures of auditors.} F.K., Chairman. No. 116. First General Meeting wliere Composition resolved on. Thb Bankruptcy Act, 1869. In the London Court oi Bankruptcy [or in t^ie County Court of , holden at ]. In the matter of proceedings for or towards the liqui- dation by arrangement oj; composition with creditors instituted hj A.B. of , &c. We, the undersigned, being the statutory majority of credi- tors assembled at the first meeting in the above matter, duly held at , this day of , 187 , in accordance with the provisions of the said Act, do hereby resolve as follows : — 1. That a composition of in the pound shall be accepted in satisfaction of the debts due to the creditors from the said A.B. 2. That such composition be payable as follows [here ■ SCHEDULE OF FORMS, ao < state whether the same is to he payable in one pay- 117. me/it or by instalments, and at what date from the second meeting]. 3. That the security of C.JD. be accepted for the said composition [or the instalment thereof ], or that the said composition [or the instal- ments thereof] be secured to the satisfactaou of E.F. and O.ff. 4, That I.E. be appointed trustee in the matter. [Here follow signatures of creditors. 1 P.K., Citairman. No. 117. Notice concerning Second General Meeting. The Bankruptcy Act, 1869. In the London Court of Bankruptcy [or in the County Court of , holden at ]. In the matter of proceedings for liquidation by arrange- ment or composition with creditors instituted by A.B. of , &o. A second general meeting of the creditors of the above- named person [or persons] is hereby summoned to be held at , on the day of instant [or next], at o'clock in the noon precisely. A majority in number and value of the creditors then as- sembled may confirm the resolution come to at the first general meeting, or a majority in number representing three-fourths in value of such creditors may by resolution declare that the afiaira of the above-named person [or persons] may be liqui- dated by arrangement and not in bankruptcy. Dated the day of , 187 . (Signed) A.B. (Debtor), or CD. {adding address), Attorney for the said debtor. T 2 268 SCHEDULE OF FOEMSi 118- 119: Nb. 118. kesotutlon at Second 'Odierat Meeting. The Bankedptot Aot; 1869. In the London Court of Bankruptcy, or, In the CSunty CoUH of holdeii at In the matter of proc'eedinga for br toWards the liquidi- tion by arrangement or compoeiiion with ereditofs instituted by A.B. of , &c. We, the undtersigned, being the statutory majority of cre- ditors assembled at the second meeting in the above matter, duly held at , this day of , 187 , in accordance with the provisions of the said Act, do herebjr confirm the resolution passed by the statutory majority of the creditors of the said A .B. assembled at the first meeting, [or do hereby resblve that the affairs of the said A.B. be liquidated by arrangement and not in bankruptcy,] [and fdllolving on as in the form provided for resolution at the first general meeting, where liquidation by arrangement is 're- wived on.'] [Here follow signatures of creditors.'] P.K., Chairmatl. Ko. 119. To ie added to Stdtenient of Affairs in Cas'is under Sect. 126 where necessary. List of bills of exchange or promissory notes on which the debtor is liable, aiid Of the holder whereof he is ignorant. Acceptor's Name, Niline df Fei-soii to -whotn payablb. DuSi Date. Total to be added) to list of unse- > £ cured creditors j Aniount of Bin or Note. Here state any other Particulars within the Debtor's Knowledge respecting the Bill or Note. SCHEDULE OF FORMS, 269 No. 120. 120_ Harm of Affidavit to he nsed upon Registration of a, Special or 122. Extraordinary Resolution. In the I day of , 187 . E.P. [attorney issuing the writ]. Address and date. No. 129. Writ of Fieri Fa,das on, cm Order for fayn^nt of Debt admitted in Court to be due to the Estate of a Banh-upt. In the London Bankruptcy Court. Victoria, by th* grace of God of the TJnited Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the SheriSf of greetipg : Whereas by an order of the Court, dated the day of in the year of our Lord 1 8 , and made in the matter of [insert the title of the order], reciting that G.D. of in his examina- tion taken the day of , and signed and subscribed by him, had admi;tted that h@ was indebted to the said bankrupt in the sum of £ upon the balance of account between the said CD, and the said bankrupt, it was ordered that the said C.D. sh,ould pay to A.B., the trustee of the estate and effects of the said bankrupt in f uU discharge of the sum so admitted, the sum of £ forthwith [make this conformable to the order] : And whereas we are given to understand that the said sum of [or that the sum of £ part of the said sum of £ ] is still unpaid : Now we command you that of the goods and chattels of the said CD. in your bailiwick you cause to be made the said sum of £ [insert the sum to be levied], and that of the goods and chattels of the said O.D. in your bailiwick you further cause to be maide interest upon the SCHEDULE OF FORMS. 273 said sum of £ at the rate of il. per centum per ■• an annum from the said date of the said order : And that you „ have that money and interest before the Court immediately after the execution hereof, to be paid to the aaiAA.B., trustee as aforesaid, in pursuance of the said order : And that you do all such things as by the statute you are authorized and required to do in his behalf : And in what manner you shall have executed this our writ make appear to our said Court immediately after the execution thereof, and have there then this writ. Given under the seal of the Court this day of , 187 . No. 130. Writ of Fieri Fadaa on ojj Order for Payment iy Instalments of Debt admitted in Court to he due to the Estate of a Bank- rupt. In the London Bankruptcy Court. Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the sheriff of greeting : Whereas by an order of the Court, dated the d^iy of in the year of our Lord 18 , mad^ in the matter of [insert the title of the orderl, reciting that G.D. of in his examination taken the day of and signed and subscribed by the said CD. [or o» the case may be], had admitted that he was indebted to the said bankrupt in the sum of £ upon the balance of accounts between the said CD. and the said bankrupt, it was ordered that the said CD. should pay to A.B., the trustee of the estate and effects of the said bankrupt, in full discharge of the said sum of £ , the sum of £ in manner following, that is to say, by instalments of £ each, the first whereof was to be made on the day of , and it was ordered that in. default of payment of any of the said instal- ments the whole sum then remaining unpaid should immedi- ately become payable and be paid: And whereas we are given to understand that default was made in payment of one of the said instalments, and thereupon the said sum of £ which then remained unpaid [or the sum of £ , being the portion of the sum so ordered to be paid which then remained unpaid, according to the facta] immediately became payable, but the same has not been paid: Therefore we command you that of the goods and chattels of the said CD. in your bailiwick you cause to be made the said sum of £ [insert here the sum to be levied], and that of the goods and chattels of the said CD. in your bailiwick you further cause to be made interest [proceeding as in the former form]. 274 SCHEDULE OF FORMS. 131- 133. So. 131. Writ of Fieri Facias on an Order for Payment of Debts admitted in Court to he due to the Estate of a Bankrupt, and Costs assessed ip the Cowt. In the London Bankruptcy Court. Victoria, hy tlie grace of God [as in the forms given above, reciting the order, including the portion of it relating to costs] : And whereas we are given to understand that the said sums of £ and of £ are still unpaid [make this agree with the facts] : Now we command you that of the goods and chattels of the said CD. in your bailiwick you cause to be rAJide the said sums of £ and £ [proceed as in the above forms, with the necessary variations]. No. 132. Writ of FieH Facias on an Order for Payment of Costs to he taxed. In the London Bankruptcy Court. "Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the sheriff of greeting : We command you that of the goods and chattels of CD. in your bailiwick you cause to be made the sum of £ for certain costs which by an order made by our Court in the matter of [insert the title of the oi-der], dated the day of were ordered to be paid by the said CD. to A.B., trustee of the estate and effects of [omit this if not applicable, and alter the form, to suit the facts of the case], which costs have been since taxed at the said sum of £ , as appears by an allocatur dated the day of , and that of the goods and chattels of the said CD. in your bailiwick you further cause to be made interest at the rate of £i per centum per annwm, on the said sum from the said date of the said allocatur : And that you have that money and interest before our Court immediately after the execu- tion hereof, to be paid to the said A.B. in pursuance of the said order : And that you do all such things as by the statute you are authorized and required to do in this behalf : And in what manner you shall have executed this our writ make appear to our said Court immediately after the exe- cution thereof. Witness. Given under the seal of the Court, this day of , 18 . SCHEDULE OF FORMS. 275 No. 133. 133_ Wnt of Venditioni Exponas. 134. In the Loudon Bankruptcy Court. Victoria, by the grace of God of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith, to the sheriff of greeting : Whereas by our writ we lately commanded you that of the goods and chattels of CD. [here recite the mandator)/ part of the fien facias to the end], and on the day bf you returned to our said Court that by virtue of the said writ to you directed you had taken goods and chattels of the said CD. to the value of the money and interest aforesaid, which said goods and chattels remained in yogr hands unsold for want of buyers [to be varied according to the actual return] : There- fore, we, being desirous that the said A.B. should be satis- fied the money and interest aforesaid, command you that you expose to sale, and sell or cause to be sold the goods and chattels of the said CD. by you in form aforesaid takeh and every part thereof for the best price that can be gotten for the same, and have the money arising from such sale before our said Court immediately after the execution hereof, to be paid to the said A.B. and have there then this wt-it. Given imder the seal of the Coiirt this day of , 18 . No. 134. Writ of Elegit on an Order for Payment of a Debt admitted in Court to be due to the Estate of a Baiikrupt. In the London Bankruptcy Court. Victoria, &c. To the sheriff of greeting : Whereas ^recite the order for payment, and that the money continues unpaid, as in the form of fieri facias above given, and proceed] : And aiterwards the said A.B. came into our said Court, and, according to the form of the statute, in such case made and provided, chose to be delivered to him, [her or them, as the case may be], all the goods and chattels of the said CD. in your bailiwick, except his oxen and beasts of the plough, and also such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said CD., or any one in trust for him, was seised or pos- sessed of on the day of _ [the day on which the order was made], or at any time afterwards, or over which the said CD. on the siid day of [the day on which the order was made], or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit, to hold to him the said goods and 276 SCHEDULE OF FOEMS. jgg_ chattels as his proper goods and chattels, and to hold the ! said lands, tenements, rectories, tithes, rents, and heredita- ments respectively, according to the nature and tenure thereof, to him and to his assigns until the said sum of £ shall have been levied : Therefore, we command you that without delay you cause to be delivered to the said A.B. by a reasonable price and extent all the goods and chattels of the said O.D. in your bailiwick, except his oxen and beasts of the plough ; ani ^Iso all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold and customary tenure in your bailiwick, as the said G. D. or any person in trust for him, was seised or possessed of on the said day of [the day- on which the order was inade\ or at any time afterwards, or over which the said 0. D. on the said day of \the day on which the order was made], or at any time afterwards, had any dis- posing power which he might, without the assent of any other person, exercise for his ovtn benefit, to hold the said goods and chattels fo the said A.B. as his proper goods and chattels, ^nd also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns until the said sum of £ shall have been levied. And jn what manner you shall have executed this our writ make appear to us in our Cqurt aforesaid immediately after the execution thereof, under your seal and the seals of those by whose oath you shall make th? said extent and appraise- ment. And haye ypu there thpn this writ, Witness Given under the seal pf the Court this day of , 18 . ' No. 135. Writ of Elegit on an Order for Payment of Debt fidmittcd in Cowrt to be due to the Estate of a Ba,iikrupt, and of Costs assessed by the Court. In the London Bankruptcy Court. Victoria, &o., to the sheriff of greeting : Whereas [recite the order for payment, includ,ing the portion of it relating to costs, and tliat the monies are unpaid as before, and proceed]: And afterwards the sj^id A.B. came into our said Court, and, according to the form of the statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said C-D. in your bailiwick, except his oxen and beasts of the plough ; and a^so all such lands, tenements, rectories, tithes, rents, sind hereditaments, including lands and hereditaments of oopyiiold or customary SCHEDULE OF FORMS. 277 tenure in your bailiwick as the said C. D., or any one in trust for him, was seiSed or possessed of on the day of [(Ae day on which the order was madelt or at any time Afterwards, oi over which the said CD. on the said day of [the day on which the order was made], or at an^ time afterwards, had any disposing power which hte might, without the assent of any other person, exercise for his own bbnefit ; to hold to him the said goods and chattels as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and heredita- ments respectively, according to the nature and tenure thereof td him and to his assigns, until the said two several sums of £ and £ , together with interest upon the said sum of £ at the rate of £i per centum per annum from the day of [the day on which the order was madel, and on the said sum of £ at the rate afore- said, from the day of [the date of the allocatur] shall have beell levied : Therefore, we command you that without delay you cause to be delivered to the Said A.B. by a reasonable price and extent, all the goods and chattels of the said C.D. in your bailiwick, except his oxen and beasts of the plough ; and also all sudh lands and tenements, rectories, tithes, rents and hereditaments, including lands and hereditaments of copyhold or customary tenure in your bailiwick, as the said C.I)., or any person or persons in trust for him, was or were seised or possessed of on the said day of [the day on which the order loas made], or at any time afterwards, or over which the said C.D. on the said day of [the day on which the order Ivas made], or at any time afterwards, had any disposing power which he might, without the assent of any other person, exercise for his own benefit ; to hold the said goods and chattels to the said A.B. as his proper goods and chattels, and also to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the two several sums of £ and £ , together with interest aforesaid, shall have been levied. And in what manner you shall have executed this our writ make appear to us in our Court aforesaid immediately after the executioii thereof, under your seal and the seals of those by whose oath you shall make the said extent and appraisement. And have you there then this writ. Given under the seal of the Court this day of , 18 . 278 SCHEDULE OF FORMS. 136. ^o- 186. Wiit of Elegit on an Order for Payment of Costi to be Taxed. In the London Bankruptcy Court. Victoria, &c., to the sheriff of greeting ; Whereas lately, in our Court of Bankruptcy, in a certain matter there depending, intituled " In the matter of E.F.," by an order of our said Court made in the said matter, and bearing date the day of , it was ordered that CD. should .pay unto A.B. certain costs as in the said order mentioned, and which costs have been taxed and allowed by the Master of our said Com't, at the sura of £ , as appears by the certificate of the said Master, dated the day of : And afterwiirds the said A.B. came into our said Court of Bankruptcy, and, according to the form of the Statute in such case made and provided, chose to be delivered to him all the goods and chattels of the said O.D. in your bailiwick, except his oxen and beasts of the plough, and also all such lands, tenements, rectories, tithes, rents, and hereditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the said O, D., or any one in trust for him, was sei&ed or possessed of on the day pf [the date of the allocatur], or at any time afterwards, or over which the said CD., on the said day of [the date of the allocatur], or at any time afterwards, had any dispo-iing power, which he might, without the assent of any other person, exercise for his own benefit ; to hold to him the said goods and chattels, as his proper goods and chattels, and to hold the said lands, tenements, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to his assigns, until the said sum of £ , together with interest thereon at the rate [of] £i per centum per annum, from the said day of [tlie date of the master's certificate of taxation] shall have been levied : Therefore, we command you that without delay you cause to be delivered to the said A.B., by a reasonable price ?,nd extent, all the goods and chattels of the said CD. in your bailiwick, except his oxen and beasts of the plough ; and also all such lands and tenements, rectories, tithes, rents, and here- ditaments, including lands and hereditaments of copyhold or customary tenure, in your bailiwick, as the sa,id CD., or any person or persons in trust for hiip, was or were seised or possessed of on the said day of [the date of the allocatur], or at any time afterwards, or over whicli the said C. D. on the said day, or at any time afterwards, had any disposing power, which he might, without the assent of any Qth?r person or persons, exercise for his own benefit : to hold the said goods and chattels to the said A.B. as his proper goods and chattels, and also to bold the said lands, tene- ments, rectories, tithes, rents, and hereditaments respectively, according to the nature and tenure thereof, to him and to Uis assigns, until the said sum of £ , together with SCHEDULE. OF FORMS. 279 interest as aforesaid, shall hare been levied. And in what manner yon shall have executed this our writ make appear to us in our Court of Bankrnptpy aforesaid, immediately after the execution thereof, under your seal, and the seals of those by whose o^th you shall make the said extent and appraisement. And have there then this writ. Witness HATHERLEy, C. JAMES BACOi^, Chief Judge in Bankruptcy. 1st Ja,nuary, 18^0. THE BANKRUPTCY ACT, 1869. SCALE OF ATTORNEY'S 0081:8. Petitioning Creditor's Bill of Costs tb the Appointment of Trustee. £ s. d. Instructions for petition 10 Examining witneaieS as to trading, where neces- sary . 10 Ditto aa to act of bankruptcy . . .. . 10 Examining partioulira of petitioning creditor's ac- count 0^8 The act of bankruptcy beibg a declaratioii ad- mitting inability to pay, filed by the attorney to the petitioner, or an assignment prepared by the attorney to the petitioner, or default made upon a debtor's summons issued by ^— '' the attorney to the petitioner, th.ese two last ] charges will not be allowed. The expense of an aasignmelit will not be allowed where a declaratioii of inability would answer the purpose. If attorney i'eside at a distance : — Writing agent to search tot f)rioip peti- tion Ss. 6d, Agent's writing result of search . S Searching, if prior petition filed . . . .078 Drawing bankruptcy petition, including btder for hearing ^-•^ . . 10 If exceedmg 10 folios, a shilling a fcdio. Ingrossing same, 4d. per folio only to be allowed where the petition exceeds seven folios. Paid for stamp and parchment . . . .510 Attesting signature of each petitioner, except in case of partnership 6 8 Drawing and fair copy af&davit verifying petition 3 4 Attending petitioner to be sworn . . . .068 Paid oath (if paid) / SCAXfE OF ATTOENET's COSTS. 281 TwQ copies of petition for sealing, id. per folio. Preparing subpoena and serving witnesses, or ar- ranging with witnesses for their attendance on presentation of petition 13 4 Paid them See Witnesses' Scale. Petitioning creditor is not to be regarded as a witness, and is not to be paid for loss of time ; he may claim his expenses of travelling and subsistence. Attending on presentation of petition when court investigated statements therein, and clerk .10 One fee only for attending will be allowed, unless by direction of the court at the time, and a memorandum of its allowance pro- duced to the taxing officer. Drawing order for hearing of petition . . ,034 Service of petition {see General Rules). Attending court on hearing (where debtor does not appear or dispute), including two fair copies of adj udication and certificate of Registrar's appoint- ment of trustee 10 Drawing order for bankrupt's attendance at first meeting, and copy for service and attending and obtaining signature 6 8 Attending first meeting and clerk . , ..160 Where A ct of Bankruptcy the filing a Declaration of Inabilitif to Pay. Drawing declaration for inability to pay . .068 Attending attesting 6 8 Paid stamp ..051 Attending filing 6 8 Where Act of Baniruptcy is an Assignment for Benefit of Creditors {to he allowed only by Special Order of the, Cov/rt). Instructions for assignment , , . . .068 Drawing same 10 If above Is. per folio. > Fair copy, per folio id. Paid stamp and paper, if stamped . . . 1 15 6 Attesting execution, each assigning party .,068 Cost of Debtor's Summons. Instrtiotions for afiidavit of debt, and for debtor's summons . . . . , . . .068 Affidavit of debt, and for copy . . ..068 Particulars of demand (three copies) at id. per folio u 282 SCALE OF attoeney's costs. & s. d. Attending sweSiring each deponent . . i . 6 8 Paid oath (if paid) Attending filing . . . . ; ..068 Paid for office copy ...... SununonB and two fair copies and particulars ,.068 Attending sealing summons, copies and particulars 6 8 Paid stamp 5 Service of BumttiOns 5 Attending court on hearing of summons . . 13 4 Vosts where the Debtor is required hy the Court to enter inft> a Bond. Attending making inquiries as to sufficiency of sureties.. 13 4 This charge will be subject to increase, ac- cording to the distance of the sureties' residence ; and, where necessary, agency charges for making such inquiries. Drawing exceptions to sureties 3 4 Service thereof on debtor's attorney . . .050 Attending court when sureties allowed or dis- allowed 13 4 Costa of affidavits in opposition to the al- lowance of the bond for want of sufficiency of sureties, the same allowance as for other special affidavits. Coits of Debtor's Summons, where the Court allows Costs to Debtor on Dismissal of iSumm/ms. The debtor's personal expenses for travelling and loss of time, according to the scale al- lowed to witnesses. And if attended by a solicitor, and his costs allowed (which must be by special ordet of the court). Instructions to attend the court on thfe summons .068 Affidavit of denial of debt . ..026 Paid stamp 10 Attending court on hearing of summons, and drawing up order 13 4 Attending for appointment to tax, and copy arid service of order and appointment . . .050 Attending taxing 6 8 Paid allocatur stamp . Costs of Application to prosecute a Petition in a particulai District, or to transfer Petition from one District to another. Instructions for affidavit to ground application .068 Drawing same, Is. per folio. Fair copy, id. per folio. Attending deponent to be sworn . . . i 6 8 SCALE OF ATTORiirET'S COSTS. 283 ^e ». d. Paid oath Attending court when order mads, and drawing up same IS 4 Costs on Application for Warrant. Instructions for affidavit in support of appliiiation for warrant 8 Drawing same, per folio 1«. Fair copy, per folio id. Attending to read over and to get same swom . 6 S Attending court, warrant granted . . . 13 4 Fair copy, per folio id. Attending officer, instructing him as to the execu- tion of the warrant . ,. . . ..068 Costs of Disputing Statements in Petition. Attending debtor served with copy Of petition, taking instructions to show cause against same .068 Drawing notice showing cause . . . .050 Two fair copies for service 2 Service on creditor, including postage . . .036 Ditto registrar 3 6 Perusing and considering petition . . . .068 Examining witnesses in opposition . . . . 10 Costs of brief, and counsel's feie, where requi- site to employ counsel. Attending court 10 Petitioning Creditdi's Costs on Sankmpt diiputing Statements in Petition. The debtor having served notice of disputing the statements in petition, attending petitioner ,063 Special attendances Will be allowed to examine witnesses as to the facts they can prove, the charges for which, and for summoning them, wiE be in the discretion of the taxing officer, according to the circumstances ; and where necessary to employ counsel to support the petitioil, the usual charges for brief and counsers fees will be allowed. Attending court when adjudication made . .10 Costs for Substituted Service where Debtor heeps out of the viay to avoid Service. Several attendances to serve without eflFect, when it appearing that the debtor was keeping out of the way, and could not be personally served, instruc- tions to apply for substituted service .,068 Drawing affidavit of facts, and that due pains had been taken to effect personal service, per folio Is. Fair copy, id. per folio. Attending court for order for substituted service, and drawing up order . . .0134 Ti 2 884 SCALE OF attorney's costs. Costs of Brief. £ 8. d. Instructions for brief in discretion of taxing officer (Allowed only when counsel employed.) Drawing same, Is. per foUo. Fair copy, id. per folio. Fee to counsel and clerk Attending him 6 8 Where conaultation or conference is necessary, attending to appoint same . . . .068 Fee to counsel and clerk . .... Attending conaultatioQ or conference . . . 13 4 Costs of Cases for Opinion of Counsel. Instructions for case 6 8 Drawing same, Is. per folio* , Fair copy, 4a!. per folio. Fee to counsel and clerk ..... Attending him 6 8 Where conference is necessary attending to appoint same . . . . . . . .068 Fee to counsel and clerk attending conference . 13 4 Attending for and perusing opinion . ..068 Attending client, reading oyer opinion, and con- ferring with him thereon 6 8 Costs of Motion. Instructions 6 8 Where on appeal . . . . . . . 13 4 Drawing notice of motion to be served, per folio Is. Fair copies, 4d. per folio. Perusing documents (by London agent) in an appeal, from \l. Is. to 21. 2s. Making short note of motion, and attending re- gistrar therewith, preyiously to the sitting of the court 3 4 Instructions for affidavit in support of motion .068 [No. instructions allowed where the attorney or his clerk makes the affidavit; no fees allowed to counsel to settle affidavit, unless very special.] Drawing same, at per folio 1». Fair copies, per folio id. Attending reading over and to be sworn . .068 Paid oath Copy affidavit for service with the notice of motion, id. per folio. Service, see General Rules. Attending to file aifidavit .... 068 Paid for office copy, when required . . , Affidavit of service and copy notice of motion to annex 6 8 Attending court on motion if heard 11. Is., and if not . . 10 6 Drawing order, per folio Is. SCALE OF attorney's COSTS. 285 £ s. d. Attending settling eame . . . .0134 Fair copy, per folio id. Attending to pass order 6 8 Copy to serve, where Becessary, per folio id. General Rules. 1. More than one attendance at presentation or bearing of bankruptcy petition will not be allowed unless ordered by the court, and memorandum be obtained to that effect. 2. Attendance upon the court for necessary pxti'- poses not included in the foregcang scale, each "8 fi 8 Attending court oa each sitting (including pre- sentation and hearitig of petition) . ..100 If by agent 2 8 Clerk's attendance at each sitting, when re- qnired 5 6 3. Service of petition, summons, order, notice. Or other process, each service . . .050 If the distance be more than three miles, 5d. per mOe extra, or a further sum, in the discretioa of the taxing officer, accord- ing to ciroumstances. In cases of great distance, the service mNist be by agent, unless otherwise sanctioned. i. Drawing and copy biU of costs, per folio 5. General attendances, «ach . . . . Long and special attendances (Or more in the discretion of -t^e taxing officer.) 6. Writing letters, «ach, special . . . . Ditto, common 7. Circular letters, if above twenty . each . If numerous, they must be pririted. 8. Attendances to inseit advertisemOnts . .034 9. Extra allowances for length of sittings, or otiier increased allowances must have the saoctiou of the court, and a memorandum to that effect obtained, or all such charges will be disallowed. 10. Vouchers must be produced on taxation for all payments, or they will be disallowed. 11. BUls of £0sts must be writtem leogthwise, on one side only, and dates mutt be fwnished to each item, such dates not to be written in the margin, which is to be left clear for taxation, 12. In special cases, where counsel are not instructed to appear in court, a charge by the attorney for the pre- paration of minutes of fact or evidence for his own use may be allowed. N.B. — Other matters not herein provided for may be allowed on a similar scale, as nearly as may be, or in accord- ance with tb« practice of the superior courts, according to the nature of the proceeding: 4 « 8 13 t 5 3 6 1 286 SCALE OF attorney's COSTS. Scale of Allowances to Witnesses. If resident in the town in which the Court is held. If resident at a distance from the Court, sub- sistence in ! these cases included. 1. Bankers, xaercbants, esquires, and gentlemen. 2. Professional men .... 3. Auctioneers and accoiuitants . . , 4. Notaries . . . . 5. Engineers and surveyors . 6. Clerks of attorneys or oiher persons . 7. Master tradesmen, shopkeepers, yeemen farmers - 3. Artizans, mechanics, &c. . 9. Females, according to station in life 10 Police inspector ■ { 11. Police constable The travelling expenaes of the first five classes of witnesses will be allowed at tha rate of Id. per mile, and the others at 5d. per mile one way, where no railway is available, or travelling expenses ac- tually incurred, in the ddsoretion of the taxing officer ; the travelling expenses of female witnesses, ' Id., or 5d., according to their station. "Governors of gaols bringing up prisoners Travelling expenses of gaoler bringing up prisoner under warrant in addition to the above allowance 7d. per mile one way for each (hiiiiself- and prisoner), or the amount actually paid, and for the prisoner's safe custofly aijcl refreshment, ifl the discretioj^. of the taxing ofBcqr, £ s. I 1 1 1 I 1 1 1 I 1 10 to 1^, ft 7 5 to 10 •( :{ 5 o^ 1 10 6-^ £ e. d. 1 1 to 3 3 1 1 to 1 1 to 3 3 15 1 15 1o I r to 10 110 ■ to 1 11 6 SCALE OF ATTOHNKY'S COSTS. 287 The following charges to the end are to be subject to variation by the trustees, with the consent of the committee of inspection, or of the court where there is no pommittee ; — Broker's Allotfance. £ s. d. For inventory and valuation — For the first lOOZ. . . . ' , .2100 For the next 400?., per cent 15 All above , .10 (This allowance to include all expenses, and any traveUing within five miles of the court, and a fair copy of the inventory.) Beyond 5 miles, per ipile one way . . .007 Auctioneer's Charges, including all Expenses of Sale. Sales by auction of goods, chattels, and effects ; — ■ 101. per cent, on the first lOOl. After to . . l,000t . 51. per cent. After to . . 5,000i. . 2 Z. 10s. per cent. After to . . 10,000/. . 11. 5s. per cent. If the above be sold by valuation, 21. lOe. per cent, on the first lOOOZ., and 11. 5s. per cent, beyond. Sales by auction of estates, freehold, leasehold, &c. : — 51. per cent, on the first 3002. After to . . 1,000/. . 21. 10«. per cent. After to . . 5,000/. . 1/. per cent. After to . . 10,000/. . 10s." per cent. ' If the above be sold by valuation, half the above charges ; and if not sold, the expenses to be paid, and fee to the auctioneer to be allowed as agreed with the trustee, or at the discretion of the taxing officer ; or if bought in, and subsequently sold by private contract, by the negociation of the auctioneer, half the above charges on sales by auction. Farming stock 51. per cent, on the first 100/., and 21. lOs. on the remainder. When sold by valuation, half the above charges^ Costs of Surveys, Dilapidatioiiis, and Specificatio;ns. From 21. to 51. in discretion of taxing officer. Sales of Stock by Tender. Not above 400/. . . . 4/. per cent. After to 1,000/ 3/. 10s. per cent. After to 2,000/1 . . .21. 10s. per cent. After to 5,000/ 21. per cent. Above 5,000/. and upwards . 11. 15s. per cent. Expenses to be allowed, such as advertisements and print- ing, not exQeeding 21., or at the discretion of the taxing officer. 288 SEALS OF. COTJET. Aicounttmts Charges. £ s. d. For preparing balance-sheet, investigating accounts, &c., principal's time, per day of eiglit hours, in- cluding necessary affidavit . • ■ .220 Chief clerk's time 110 ( 10 6 Other clerk's time, per day of eight hours . . < to ( 15 These charges to include stationery. \st January, 18?0i HATHERLEY, 0. JAMES BACON, Chief Judge in Bankruptcy. SEALS OF COUET. ThU BahKeuptct Act, 1869. I, the Right Honourable, William Page, Baron Hatherley, Lord High Chancellor of Great Britain, do hereby, by virtue of the power vested in me by the Bankruptcy Act, 1869, Order that the London Bankruptcy Court shall have a seal describing such Court as " The London Bankruptcy Court ; " and that every County Court shall have a seal describing such Court, as it is now described by the seal hitherto used in every such Court respectively. HATHERLEY, 0. lei January, 1870. FEES. The Babkruptct Act, 1869. 1, the Right Honourable, William Page, Baron Hatherley, Lord High Chancellor of Great Britain, do, by virtue of the powers vested in me by the Bankruptcy Act, 1869, prescribe that the scale of fees hereto annexed shall be the scale of fees to be charged for any business done by any Court or officer under the said Act. HATHERLEY, & 1st January, 1870. SCALE OF FEES. 289 SCALE OF FEES.— Table A. Every declaration by a debtor of inability to pay his debts Every debtor's summons Every bankruptcy petition Every bond with sureties .... Every affidavit filed, other than proof of debts Every subpcena ... . . Every petition under sect. 125 or 126 of the Act For despatching notice to creditors or others, exclusive of postage, each notice Every application for an order of discharge . . Every special resolution presented to a Registrar for registration under section 125, paragraph 4, stamps denoting a duty computed at the rate of five shillings upon 1001. or fraction of 1001. on the gross amount of the esti- mated assets, not exceeding a total duty of 2001. Every extraordinary resolution presented to a Begistrar under section 126, stamps denoting a duty computed at the rate of five shillings upon 1001. or fraction of 1001. on the gross amount of the composition, not exceeding a total duty of 200?. Every appUcation for search for proceedings Every application to a Court or Registrar . . Every office copy, each folio of 72 words . On certified statement to be forwarded by the trustee to the Comptroller under section 55 of the Act, stamps denoting a duty com- puted at the rate of five shillings upon 1001. or fraction of 1001. on the gross amount of the assets reaUzed and brought to credit, less the amount brought to credit in such previous statement, not exceeding a total duty of 2002. On every record of trial or such less sum as the Court may specially order. Every allocatur by any officer of the Court for any costs, charges, or disbursementB, where such bill of costs shall not exceed 51, Exceeding £5 and not exceeding £10 Stamp Duty. £ s. d. 10 20 30 50 100 158 200 300 500 20 80 50 100 150 200 300 500 5 5 3 10 1 6 2 5 1 6 2 6 5 7 10 15 1 1 10 2 3 5 290 SCALE OF FEES. Table B. & s. d. Attending Court efich fitting , . . .0^0 Serving every debtor's summons, bankruptcy peti- tion, or subpoena within two miles, including affidavit of service . . . . .,036 Preparing advertisement for Gazette 'or local paper 3? Insertion in Gazette . . . . . ,030 Executing every warrant of seizure, or searoli war- rant, or warrant of apprehension, or order of commitment, within two miles of Court House 10 peeping possession — for each day the man is actually in possession ; including affidavit; of possession being actually kept . . .0^6 {3s. 6d. of the above sum is to be paid to the man in possession, and his receipt, produced.) High Bailiff's, or iu the London Bankruptcy Court officer's, man travelling to place of possession, or to execute a wan-ant of or order of com- mitment, or to serve a summons or subpoena, or for any other purpose specially directed by the Cour^, per milp Q 5 His time, per day, where distance pxceeds ten miles .. . ... . ,046 pis expenses per day . . . . ,.046 If High Bailiff of a County Court o;* officer of London Bankruptcy Court directed by the Court personally to travel, per mile . .007 If High Bailiff of n County Court or officer of London Bankruptcy Court directed by the Court personally to travel, his time, per day . !1.0 If High Bailiff of a County Court or officer of London Bankruptcy Court directed by the Court personally to travel, his expenses, per day . . . _ . . . . ,.0100 Where an inventory is deemed requisite, and is directed by the trustee to be taken by a High Bailiff or officer of the Court, a proper remuperation may be allowed for taking it, having regard to the time occupied, and the nature of the property included in it. Where no trHs^jee is appointed by the creditors, or where there ia a vacancy in the, office of trustee, and the bankruptcy is carried on with the aid of the Registrar as trustee : for realization of the estate 51. per cent, on the first amount of IQOl. or any less sum realized by the Kegistrar; 24 per cent, on the next amount of 4002. or any less sum ; 1 per cent, on the next amount of 6002. or any less sum; and 4 per cent, on all further sums. On dividend 21. per cent on the first amount of 10002. or any less sum actually divided, and 1 per cgpti QH all further sums. SCALE OF FEES. 291 Table C. The fees and allowances pay^ible on proceedings had after the thirty-first day of December 1869 in respect of any matter which was pending in any Court having jurisdiction in bankruptcy on the said day shall be the same as if those proceedings had been taken before such day, and shall be applied to the s^me pv^poses. We, the undersigned Lords Commissioners of Her Majesty's Treasury, do hereby sanction the foregoing scale of fees, and do direct that the fe?s to be taken by stamps shall be those mentioned in Table A., and that th^ fees mentioned in Table B. shc^ll be taken in, money, and that the fees and allowances referred to in Table C. shall be taken by stamps or money according as they have hitherto been taken. And we further direct that the stamp shall be affixed or the money paid in respect of every fee before the proceeding is had in respect of which the fee is . payable, and that the charge to be made by the London Gazette for the insertion of each notice authorized by the Act or rules shall be three shillings. LANSDQWNE. W. H, GLADSTONE. 1st Janit.my^ 1870. I, the Right Honourable William Ps^ge, Bs^ron Hatherley, Lord High Chancellor of Great Britain, do, by virtue of the powers vested in me by " The Bankruptcy Act, 1869," and of every o^her power vested in me, hereby order that all proceedings in, and business of the bankrupt^es, and all other masters which were pending in tl;i'e old London Bank- ruptcy Court on the thirty-first day of December, one thou- sand eight hundred and sixty-nine, shall be transferred to the New London Bankruptcy Court. And I do further order,' that the Chief Registrar, Re- gistrars, Accountant in Bankruptcy, Taxing Masters, Official Assignees, and all other Officers holding offices or employed in the Old London Bankruptcy Cour^; shall, until further order, perform the same or the like duties in relation to the business to be performed in the New London Bankruptcy Court as they have i;-espectiv^ly performed in the Old London Bankruptcy Couift; and tl\at the said business shall be distributed amongst the before-mentioned Officers in the manner in which the business of the Old London Bankruptcy Court was distributed amongst them. Given under my hand this first day of January, 1870. HATHERLEY, C. BULES AND FOEMS ;0R KEStrLATISS THE PEOCEEDINGS IN THE COUNTY COURTS UNDER THE DEBTORS' ACT, 1869. FEES TO BE TAKEN THEEEON- 1870. CONTENTS. PAGE IntekpketatIon i 295 Judgment-Summons . . 295 OaDEB OP Commitment . . . . . 297 Costs .... 298 Schedule op Fokms : 1. — Application for Judgment-Summons . . . 299 2. — Certified Copy of Order or Judgment . . . . 300 3. — Affidavit where Judgment-Summons is sought on an Order of a Court not a County Court . , . 301 4. — Summons to "Witness 301 6. — Judgment-Summons 302 6. — Order upon a Judgment-Summons alteiing Original Order or Judgment 303 7.— Order of Commitment 304 8. — Order of Commitment on ah Order or Judgment of a Court other than a County Court . . . . 306 9.— Certificate of Payment by a Prisoner . . . 307 We, George Lake Russell, John Bukt Dasent, John WORLLEDQE, RuPERT ALFRED KeTTLE, and WiLLIAM Fdrner, being Judges of County Courts appointed to frame Rules and Orders for regulating the Practice of the Courts, and Forms of Proceedings therein, under the 3 '2nd section of " The County Courts Act, 1856," have, uilder the powers vested in us hy the said Act and by " The Debtors Act, 1869," framed the following Rules and Forms, and we do hereby certify the same to the Lord Chancellor accordingly. The Rules, Orders, and Forms now in use in the County Courts, numbered respectivelv 135, 136, 137, 155, 156, 157, 158, 159, 160, 161, 1B2, 163," 164, 165, 166, 167, and 168, shall, on and from the 1st day of January 1870, cease to be used, and in lieu thereof the following shall, on and from such day, be the Rules and Forms in force and used in the said Courts under the Debtors Aet, 1869. Interp7'etatwn. In the following Rules the word Act shall mead the 32 & 33 Vict. Debtors Act, 1869 ; and the words " clear days " shall mean "■ ^^' that in all cases in which any particular number of days is prescribed for the doing any act or for any other pUi^poSe, the same shall be reckoned exclusive both of the first and of the last diy ; and unless there be something in the context inconsistent therewith, the provisions of s. 142 of The County Courts Act, 1846, shall apply td the ihterpretation of these ^ & W Viet Rules. '■ '*' '• "^• Judgment-Smnmong. 1. No order of Commitment under th^ Act shall be made unless a summons to appear and be examined on oath, hereinafter called a judgment-summons, shall have been personally serVed upoh the jiidgment-debtor. 2. A judgment-summons shall not be issued by a Court i9 & 20 Vict unlesg the debtor resides or carries on business within its c. 108, s. 48, 296 EXILES AND FORMS district, or imless leave of the Court under section 48 of The County Courts Act, 1856, has been obtained. 3. An application by a judgment creditor for the issue of a judgment-summons under the Act shall be in writing, signed by the applicant or his agent according to the form in the schedule. 4. Where a judgment creditor desires to apply for a judg- ment-summons to a County Court other than the County Court in -which the order or judgment was obtained, he shall obtain from the Registrar of the County Court in which the order or judgment was obtained, a certified copy of the order or judgment in the cause, according to the form in the schedule, and file the same with his application. 6. Where a party desires to enforce by commitment in any County Court a judgment, decree, or order of a Superior Court of law or equity, or of any other competent Court, he shall obtain from such Court an office copy of the judgment, decree, or order he desires so to enforce, and shall file such oflBce copy, together with an affidavit of the sum then due thereon, with the Registrar of the Court of the district in which the party, against whom the same is to be enforced, resides or carries on business. 6. The Registrar of the Court to which the applination for a judgment-summons is made shall, upon delivery to him of the certificate of the County Court, or office copy of the judgment, decree, or order of any other Court, file the same and issue thereon a judgment-summons. 7. Every judgment-summons shall be according to the form in the schedule, and be issued not less than ten clear days, and be served not less than five clear days, before the day on which the judgment-debtor is required to appear, except in the case provided for by the next following rule. 8. Where the person applying for the judgment-summons shall state to the Registrar that the judgment debtor is about to remove from his dwelling or place of business, or is keeping out of the way to avoid service, then the judgment summons may be issued and served at any time before the hearing : Provided that the Court shall not act upon a summons issued under this rule, unless at the hearing the judge is satisfied, by evidence on oath, that at the time of the application for the judgment-summons such party was about to remove from his dwelling or place of business, or was keeping out of the way to avoid service, in either of which cases service upon the party at any time before the time appointed for the appearance of such party shall be sufficient. 19 & 20 Vict. 9. A judgment-summons may issue without leave of the c. 108, 3. 48. Court, except in cases provided for either by sect. 48 of The County Courts Act, 1856, or by the last rule. Fom5. IN THE COUNTY COURTS. 297 10. No successive judgment-summonaes shall be lasued. jq jg 1 1 . The hearing of a judgment-summons may be adjourned from time to time. 12. Any witness may be summoned to prove the means ot the judgment debtor, in the same manner as witnesses are summoned to give evidence upon the hearing of a plaint. 13. Upon the issue of a judgment-summons against a party upon an order or judgment of the Court issuing the judgment- summons the bailiff of such Court shall return into Court any warrant of execution against the goods of such party which may have been issued in the cause. 14. Where a judgment-summons is heard in a Court other Form 6. than the Court in which the order or judgment was obtained, and an order is made by the judge of the Court in which the judgment-summons is heard altering the terms of the order or judgment, aJl payments under the new order shall be made into, and execution thereupon against the goods shall be issued by, the Court which has so altered the order. 15. Where a certified copy of a judgment is obtained from the Registrar of a County Court, he shaU make on the minute of the judgment a memorandum of having given such certifi- cate, and no warrant of execution against the goods or judg- ment-summons upon such judgment shall issue from such Court, unless it be shown to the satisfaction of the Court or Registrar that no order has been made against the execution debtor in any other Court. Order of Commitment. 16. An order of commitment made under the Act shall be Forms 7, 8. according to the form in the schedule, and shall, on whatever day it may be issued from the Registrar's office, bear date on the day on which the order for commitment was made, and shall continue in force for one year from such date and no longer. 17. When an order of commitment for non-payment of 9 & 10 Vict. money is issued the defendant may, at any time before his "• ^5, s. 102. body is delivered into the custody of the gaoler, pay to the bailiff the amount indorsed on the order as that, on the pay- ment of which, he may be discharged ; and on receiving such amount the bailiff shall discharge the defendant, and shall within twenty-four hours after receiving such amount pay over the same to the Registrar of the County Court of which he is an officer. 18. The sum indorsed on the order of commitment, as that upon payment of which the prisoner may be discharged, may be paid to the Registrar of the Court from which the com- mitment order was issued, or to the gaoler in whose custody the prisoner is. Where it is paid to the Registrar he shall sign and seal a certificate of such payment, and upon re- 298 RULES AND FORMS. JO 2S oeiving such certificate by post or otherwise, the gaoler, in !_ whose custody the prisoner shall then be, shall forthwith discharge such prisoner. And where it is paid to the gaoler, he shall, upon payment to him of such amount, together with costs sufficient to pay for transmitting such amount to the Court under the order of which the prisoner was committed, by Post Office order, sign a certificate of such payment and discharge the prisoner, and such costs of transmission shall be part of the prescribed costs. Form 9. l^- -^ certificate of payment by a prisoner shall be accord- ing to the form in the schedule. 20. Orders of commitment against the same party mayibe issued concurrently into more than one district ; provided that the cost of one order only shall be allowed unless the judge shall otherwise direct. 21. On the hearing of a judgment-summons, where a war- rant against the goods has been issued, the costs of such warrant shall not be allowed as against the judgment debtor, unless the judge be satisfied that there was reasonable cause for issuing the warrant. 22. The costs of a judgment-summons shall not be allowed against the judgment debtor^ unless some order shall be made thereon; but where an order is made on a judgment- summons the judge may, in his discretion, allow the costs of any previous jiidgment-summonses which have not been served by reason of the judgment debtor having evaded service. 23. Costs of orders of commitment, whether executed or imexecuted, shall be allowed against the defendant, unless the judge shall otherwise direct. 24. An order of commitment under the Act shall not be available against a bankrupt in respect of any debt incurred previous to his order of adjudication, or against any debtor whose debts have been liquidated under section 125 of the 32 4 33 Vict. Baniruptcy Act, 1869, in respect of any debt incurred pre- c. 71, E8. 125, vious to the liquidation, or against any debtor from whom a 126. composition has been accepted under section 1'26 of the said Act, in respect of any debt due to a creditor, whose name and address, and the amount of whose debt was shown in the statement of the debtor produced to a meeting of his cre- ditors, as required by such section. Costs. 25. The costs which shall be payable by a person im- prisoned under the Act shall be the fees directed to be taken in proceedings under the Act by any order of the Commis- sioners of Her Majesty's Treasury under the powers vested in them by The County Courts Act, 1856, and such fees shall be deemed to be and shall be the prescribed costs referred to in section five of the Act. SCHEDULE OF FOEMS. Application for Judgment-Summons. The Debtors Act, 1869. A.B., Plaintiff. CD., Defendant (address and description of Plaintiff and Defendant to be added where judgment that of any other Court). I apply for the issue of a judgment-summons against the said Defendant in respect of a judgment [or order] of this Court [or of the County Court of holden at ' , or of [here set forth the style or other sufficient description of the Court which gave the judgment or made the order] ; And I undertake to prove, to the satisfaction of the Court at the hearing, that the Judgment Debtor has or has had since the date of the judgment \pr order^ the means to pay the sum in respect of which he has made default, and that he has refused or neglected or refuses or neglects to pay the said sum. I am aware that if I do not prove the same accordingly that I shall have to pay the costs of this sunmions. [A.B., Judgment Creditor, or CD., Agent to the Judgment Creditor.] X 2 300 SCHEDULE OF FORMS. I tJ3 r-t o 43 a o -I i uapjo ■s^soo *:;nsra3pnf JO ijTinoniy ^TigniSprijp ■psjjnboj tnoija. jCg ■aousjad •pannBp ijunoray ■raiBxo JO BJErnoBJUj: •aoireJBgddy ■fUTEpnajao: 'soxrejBaddy •flmtruH d t2i S B S ■§&. >. •& -o S ^ 0) S ■■- S s a ^ o oflHrB P4 t" od =« 11 44 h S o 2 *> a° &■» (3 rt .Si « 2 ID .£3 2 ° p* « .a ■a gs _ f^ §£. S S |i < p. I" Is 5i Poulton-le-Fylde The County Court of Lancashire, holden 1 at Haslingden, Accrington, and Cli- I theroe J The County Court of Yorkshire, holden ) at Saddleworth and Rochdale ; and / the County Court of Lancashire, f holden at Bacup . . . . J The County Court of Lancashire, holden j at Ormskirk and St. Helen's . . ) The County Court of Cheshire, holden j at Runcorn 1 The County Court of Flintshire, holden J at Holywell, Mold, and Flint . . ] The County Court of Cheshire, holden ) at Northwich; and the County Court I of Shropshire, holden at Market! Drayton and Whitchurch . . . ) The County Court of Cheshire, holden i at Altrincham 1 The County Court of Cum- berland, holden at Cab- lisle, in Circuit S. The County Court of Cum- berland, holden at CocE- EEMOUTH, in Circuit 3. The County Court of West- moreland, holden at KiEKBT Kehdal, in Cir- cuit 3. The County Court of Lan- cashire, holden at Pbeb- TON, in Circuit 4. The County Court of Lan- cashire, holden at Blaok- BUEN, in Circuit i. The County Court of Lan- cashire, holden at Old- ham, in Circuit 5. The County Court of Lan- . cashire, holden at LlVEB- POOL, in Circuit 6. The County Court of Lan- cashire, b olden at War- BIHQION, in Circuit 7. The County Court of Che- shu-e, holden at Chester, in Circuit 7. The County Court of Che- shire, holden at Nant- wiOH and Crewe, in Circuit 7. The County Court of Lan- cashire, holden at Man- chester, in Circuit 8. OEDER EXCLUDING COUNTY COURTS. 311 Courts whicli are excluded from Bankruptcy Jurisdiction. Courts to wbicli the DiBtricta of the excluded Courts are attached. The County Court of Cheshire, holden at Hyde ; and the County Court of Derbyshire holden at Glossop . The County Court of Derbyshire, holden at Chapel-en-le-Frith . . . . The County Court of Cheshire, holden J at Congleton and Sandbach ; and the f County Court of Staffordshire, ( holden at Leek ; The County Court of Lancashire, holden \ at Bury, Chorley, and Leigh . . J The County Court of Yorkshire, holden at Settle, Skipton, and Keighley The County Court of Lancashire, holden "I at Colne ; and the County Court of > Yorkshire, holden at Todmorden . . J The County Court of Yorkshire, holden ) at Holmfirth | The County Court of Yorkshire, holdenT at Doncaster,Botherham, and Thome; ( and the County Court of Netting- f hamshire, holden at Worksop . .J The County Court of Yorkshire, holden ) at Goole, and Pontefraot . . . ) The County Court of Yorkshire, holden ) at Otley J The County Court of Durham, holden ^ at Barnard Castle, and Darlington ; ( and the County Court of Yorkshire, C holden at Stokesley and Whitby . . ; The County Court of Lan- cashire, holden at ASHTON- undek-Ltne, in Circuit 9. The County Court of Che- shire, holden at SloOK- PORT, in Circuit 9. The County Court of Che- shire, holden at Mac- OLESPIBLD, in Circuit 9. The County Court of Lan- cashire, holden at Bolton, in Circuit 10. The County Court of York- ■ shire, holden at Bbad- lOED, in Circuit 11. The County Court of Lan- cashire, holden at Bden- LEY, in Circuit 11. The County Court of York- shire, holden at HuDDEES- FIELD, in Circuit 12. The County Court of York- shire, holden at Shef- riELD, in Circuit 13. The County Court of York- shire, holden at Wake- field, in Circuit 14. The County Court of York- shire, holden at Leeds, in Circuit 14. The County Court of Dur- ham, holden atSlOOKTON- on-Tees and Middles- borough, in Circuit 1 5. 312 ORDER EXCLUDING COUNTY COURTS. Courts which are excluded from Bankruptcj JuriBdlction. Courts to which the Districts of the excluded Courts are attached. The County Court of Yorkshire, holden at Easingwold, Knaresborough, Pock- lington, iSelby, and Tadeaster . . The County Court of Yorkshire, holden at Helmsley, Leyburn, Richmond, Eipon, and Thirsk .... The County Court of Yorkshire, holden at Bridlington, and New Malton . . The County Court of Yorkshire, holden I at Beverley, Great Driffield, Hedon, V and Howden J The County Court of Lincolnshire, ) holden at Barton-on-Humber, Brigg, .' Caistor, and Louth . . . . ) The County Court of Nottinghamshire,^ holden at East Retford; and the County Court of Lincolnshire, holden I at Gainsborough, Horncastle, and J Market Rasen J The County Court of Lincolnshire, j holden at Sleaford, and Spilsby . . ) The County Court of Nottinghamshire, ) holden at Bingham, Mansfield, and/ Newark ; and the County Court of ( Lincolnshire, holden at Grantham . I The County Court of Derbyshire, holden at Alfreton, Bakewell, Belper Ilkeston, and Wirksworth lire, f per, ^ The County Court of Derbyshire, holden at Ashbourne; and the County Court of Leicestershire, holden at Ashby-de-la-Zouch ; and the County Court of Staffordshire, holden at tjttoxeter .... The County Court of York- shire, holden at York, in Circuit 15. The County Court of York- shire, holden at North- allerton, in Circuit 15. The County Court of York- shire, holden at Scar- borough, in Circuit 16. The County Court of York- shire, holden at KlNQSTOH- ON-HULL, in Circuit 16. The County Court of Lin- colnshire, holden at Great Grimsby, in Circuit 17. The County Court of Lin- colnshire, holden at LiK- COLN, in Circuit 17. The County Court of Lin- colnshire, holden at Bos- ton, in Circuit 17. The County Court of Not- tinghamshire, holden at Nottingham, in Circuit 18. The County Court of Derby- shire, holden at Derby, in Circuit 19. „ The County Court of Staf- fordshire, holden at BuR- ton-on-Tr£nt, in Circuit 19. ORDEK EXCLUDING COITNTT COURTS. 313 A. Courts whicli are excluded from Bankruptcy Jurisdiction. Courts to which the Districts of the excluded Coui^ts are attached. The County Court of Leicestershire,") holden at Hinckley, Loughborough, Lutterworth, Market Bosworth, Mar- I ket Harborough, and Melton Mow- } bray; and the County Court of | Eudandshire, holden at Oakham and I Uppingham J The County Court of Warwickshire, ~i holden at Atherstoue, Solihull, and ' Tamworth; and the County Court • of Worcestershire, holden at Red- ditch J The County Court of "Warwickshire, holden at Nuneaton and Rugby . . The County Court of Warwickshire, J holden at Alcester, Southam, and > Stratford ) The County Court of Shropshire, holden 1 at Cleobury ; and the County Court > of Worcestershire, holden at Tenbury ) The County Court of Worcestershire, ~j holden at Bromsgrove, Droitwich, | Evesham, Great Malvern, and Per- I .. shore; and the County Court of [ ■ Herefordshire, holden at Bromyard and Ledbury J The County Court of Glamorganshire, holden at Bridgend and Cowbridge . The County Court of Monmouthstiire, holden at Chepstow, Monmouth, Pontypool, and Usk . The County Court of Monmouthshire, holden at Abergavenny; and County Court of Brecknockshire, holden at Criokhowell . lire, ") thef The County Court of Leices- tershire, holden at Leices- TEE, in Circuit 20. The County Court of War- wickshire, holden at Bir- mingham, in Circuit 21. The County Court of War-, wickshire, holden at Co- VEHTEY, in Circuit 22. The County Court of War- wickshire, holden at Wae- wiCK, in Circuit 22. The County Court of Wor- cestershire, holden at Kid- DEEMIN6XEB, in Circuit 23. The County Court of Wor- cestershire, holden at WoBOESTEK, in Circuit 23. The County Court of Gla- morganshire, holden at Caediff, in Circuit 24. The County Court of Mon- mouthshire, holden at Nbwpoet, in Circuit 24. The County Court of Mon- mouthshire, holden at Teedegae, in Circuit 24. 314 ORDER EXCLUDING COUNTY COUETS. Courts which are excluded from Bankruptcy Jurisdicticit. Courts to which the Districts of the excluded Coiurts are attached. Tie County Court of Staffordshire, ) holdeu at Lichfield . . . . i The County Court of Staffordshire, holden at iNewoastle-under-Lyme . . ' The County Court of Staffordshire, holden at Cheadle .... The County Court of Staffordshire, '' holden at Rugeley and Stone ; and ( the County Court of Shropshire, ( holden at Newport . . . . _ The County Court of Shropshire, holden at Wem The County Court of Brecknockshire, ) holden at Hay ; and the County ( Court of Herefordshire, holden at f Eoss J The County Court of Shropshire, holden ' at Bridgnorth and "Wellington . . ] The County Court of Shropshire, holden at Bishops Castle and Ludlow ; and the County Court of Herefordshire, holden at Kington ; and the County Court of Kaduorshire, holden at Itnightou and Presteigne . . . J The County Court of Brecknockshire,') holden at Builth; and the County Court of Radnorshire, holden at | Bhaidr; and the County Court of | Montgomeryshire, holden at Llan- | fyllin, Llanidloes, and Welchpool . j The County Coiu-t of Staf- fordshire, holden at Wal- sall, in Circuit 25. The County Court of Staf- fordshire, holdeu at Han- let, BuESLEM, and Tun- stall, in Circuit 26. The County Court of Staf- f ordshire,holden at Stoke on-Trent and Lohqton, in Circuit 26. The County Court of Staf- fordshire, holden at Siat- POBD, in Circuit 26. The County Court of Shrop- shire, holdeu at Shebws- BUKT, in Circuit 27. The County Court of Here- fordshire, holden at Hebe- POBD, in Circuit HT. The County Court of Shrop- shire, holden at Madblbt, in Circuit 27; The County Court of Here- fordshire, holden at Leo- MiHSTEB, in Circuit 27. The County Court of Mont- gomeryshire, holden at Newtown, in Circuit 28. ORDER EXCLUDING COUNTY COURTS. 315 Courts which are excluded from Bankruptcy Jurisdiction. Courts to which the Distriots of the excluded Courts are attached. The County Court of Cardiganshire,' holden at Aberayron ; and the County Court of Merionethshire, holden at Dolgelly," and the County Court of Montgomeryshire, holden at Machyn- lleth The County Court of Denbighshire,^ holden at Denbigh, and Llanrwst; and th,e County Court of Flintshire, \ holden at St. Asaph, and Rhyl ; and | the County Court of Carnarvon- - shire, holden at Carnarvon, Conway, Portmadoo, and Pwllheli; and the County Court of Anglesey, holden at Llangefni and Holyhead . The County Court of Merionethshire," holden at Bala, and Corwen ; and the County Court of Denbighshire, holden at Llangollen, and Ruthin ; and the County Court of Shropshire, holden at Oswestry The County Court of Breoknockshire, holden at Brecknock The County Court of Carmarthenshire, holden at Llandeilofawr, Llandovery, Llanelly, Newcastle-in-Emlyn ; and the County Court of Pembrokeshire, holden at Haverfordwest, Narberth, and Pembroke; and the County Court of Cardiganshire, holden at Cardigan and Lampeter . . . The County Court of Korfolk, holden "j at Attleborough, Aylsham, East Dere- ham, Holt, Little Walsingham, }■ North Walsham, Thetford, and Wy- | mondham J The County Court of Norfolk, holden "i at Downham Market, and Swaffham; | and the County Court of Cambridge- { shire, holden at Wisbeach; and the County Court of Lincolnshire, holden at Holbeach The County Court of Car- diganshire, holden at Aberystwith, in Circuit 28. The County Court of Car- narvonshire, holden at Bangok, in Circuit 29. The County Court of Den bighshire, holden at Wbexham, in Circuit 29 The County Court of Gla- morgansMre, holden at Merthtr Tydfil, in Cir- cuit 30. The' County Court of Car- marthenshire, holden at Carmaethek, in Circuit 31. The County Court of Nor- folk, holden at Norwich, in Circuit 32. The County Court of Nor- folk, holden at Kikq's Lykn, in Circuit 92. Y 2 316 ORDBK EXCLUDING COUNTY COURTS. A. Courts whicii are excluded from Bankruptcy Jurisdictdon, B. Courts to whicli the District? of the excluded Courts are attached. The County Court of Suffolk, holdeu at Mildenliall and Stowmarket 1 The County Court of Suffolk, holden at" Eye and Diss, Framlingham and Sax- mundham, and Woodbridge ; and the County Court of Norfolk, holden at Harleston ; and the County Court of Suffolk, holdeu at Hadleigh . . . The County Court of Suffolk, holden at J Becoles and Bungay, Halesworth and > Lowestoft . . . . . ) The County Court of Northampton- shire, holden at Daventry, Kettering, Thrapstone, Towcester, and Welling- borough; and the County Court of Buckinghamshire, holden at Newport ' Pagnell The County Court of Lincolnshire, holden at Bourne, Spalding, and Stam- ford ; and the County Court of Nor- thamptonshire, holden at Oundle; . and the County Court of Cambridge.- shire, holden at. March; and the County Court of Huntingdonshire, holden at Huntingdon . . The County Court of CE^mbridgeshire,^ holden at Ely, Newmarket, and So- , ham; and the County Court of Hert- | fordshire, holden at . Royston ; and - the County Court of Essex, holden at Saffron Walden; and the County Court of Suffolk, holden at Haverhill J The County Court of Bedfordshire, \ holden at Ampthill and Biggleswade; f and the County Court of Huntingdon- i shire, holden at St. Neot's .■.■.) The County Court of Oxfordshire,holden-] at Bicester, Chipping Norton, Witney, I and Woodstock; and the County Court- of Berkshire; holden at Abing- ] don, Wallingford, and Wantage The County Coui-t of Suf- folk, holden at Burt St. Edmunds, in Circuit 33. The County Court of Suffolk, holdeu at Ipswich, in Cir- cuit 33. The County Court of Nor- folk, holden at Great Yarmouth, in Circuit 33. The County Court of North- amptonshire, holden at Northampton, in Circuit 34. The County Court of North- amptonshire, holden at . Peterbobouqh, in Circuit 34. The County Court of Cam- bridgeshure, holden at Cam- bridge, in Circuit 35. The Coimty Court of Bed- fordshire, holden at Eed- . ford, in Circuit 35. The County Court of Ox- fordshire, holden at Ox- ford, in Circuit 36. ORDER EXCLUDING COTINTY COURTS. SI'*? Courts wMdi are excluded from BiUikruptcy Jurisdiction. B. Courts to wliioh the Districts of tlie excluded Courts are attached. The County Court of Buckinghamshire, ' holden at Buckingham ; and the County Court of Northamptonshire, holden at Braokley ; and the County Court of Worcestershire, holden at Shipston The County Court of Oxfordshire, '\ . holden at Thame; and the County ( Court of Buckinghamshire, holden at f Chesham and High Wycombe . . ) The County Court of Bedfordshire, holden at Hitchin and Leighton Buz- zard . . . . . . . The County Coiu-t of Hertfordshire, holden at Watford .... The County Court of Middlesex, holden ) at TJxbridge . . . . . . | The County Court of Essex, holden at Braintree, Brentwood, Dunmow, Mal- don, Kochford, and Eomford . The County Court of Essex, holden at ) Halstead and Harwich; and the County Court of Suffolk, holden at Sudbury . The County Court of Essex, holden at WaJtham The County Court of Hertfordshire, holden at Bishop Stortford . . . The County Court of Kent, holden :at ' Bromley; and the County Court of ( Surrey, holden at Dorking, Epsom, and Eeigate -. The County Court of Ox- fordshire, holden at Bah- BURT, in Circuit 36. The County Court of Buck- inghamshire, holden at Atlesbuet, in Circuit 37. The County Court of Bed- fordshire, holden at LcToir, in Circuit 37. The County Court of Hert- fordshire, holden at St. Alban's, in Circuit 37. The County Court of Berk- shire, holden at Windsor, in Circuit 37. The County Court of Essex, holden at Chelmseoed, in Circuit 38. The County Court of Essex, holden at Colchesteb, in Circuit 38. The County Court of Middle- sex, holden at Edmonton, in Circuit 38. The County Court of Hert- fordshire, holden at Hbet- ' EOED, in Circuit 38. The County Court of Surrey, holden at Ceoydon, in Circuit 45. 318 ORDER EXCLUDING COUNTY COURTS. Courts which are excluded from Bankruptcy Jurisdiction. The County Court of Surrey, holden at 1 Farnham and Godalming ; and the / County Court of Hampshire, holden l at Alton ] The County Court of Surrey, holden at Chertsey The County Court of Berkshire, holden at Hungerford The County Court of Oxfordshire, ) holden at Henley-on-Thames . . i The County Court of Kent, holden at Woolwich The County Court of Kent, holden at i Dartford, Graveeend, Sheerness, and f Sittingbourne ) The County Court of Kent, holden at ) Seven Oaks and Toubridge ; and the ( County Court of Sussex, holden at( East Grinstead ) The County Court of Kent, holden at ^ Ashford, Deal, Dover, Faversham, ( Folkestone, Hythe, Margate, Earns- ( gate, and Sandwich . . . . ) The County Court of Sussex, holden at \ Arundel, Chichester, Cuokfield, Hor- ( sham, Midhurst, Petworth, and Wor- f thing ) The County Court of Kent, holden at J Komney, Tenterden, and.Cranbrook; ( and the County Court of gussex, f holden at Eye ) The County Court of Hampshire, j holden at Petersfield . . . . I C ourts to which the Districts of the excluded Courts are attached. The County Court of Surrey, holden at GuiLDrOBD, in Circuit 45, The County Court of Surrey, holden at Kingston, in Circuit 45. The County Court of Berk- shire, holden at Newbdbt, in Circuit 45. The County Court of Berk- shire, holden at Eeading, in Circuit 45. The County Court of Kent, holden at Greenwich, in Circuit 47. The County Court of Kent, holden at Roohestbb, in Circuit 48. The County Court of Kent, holden at Tonbridqe Wells, in Circuit 48. The County Court of Kent, holden at Canteebubt, in Circuit 49. The County Court of Sussex, holden at Brighton, in Circuit 60. The County Court of Sussex, holden at Hastings, in Ckcuit 50. The County Court of Hamp- shire, holden at Poets- MODTH, in Circuit 51. ORDER EXCLUDING COUNTY COURTS. 319 Courts -which are excluded from Bankruptcy Jurisdiction. The County Court of Hampshire, holden ) at Basingtoke, Bishop's Waltham, ^ Lymington, Bomsey, and Winchester ) The County Court of Wiltshire, holden at Warminster and Westbury . The County of Wiltshire, holden at^ Calne,Malmesbury, and Marlborough; | and the County Court of Gloucester- [ shire, holden at Cirencester ; and the f County Court of Berkshire, holden at Farringdon J The County Court of Wiltshire, holden J at Bradford, Chippenham, Devizes, > Melksham, and Trowbridge . . ) The County Court of Gloucestershire, » holden at Northleach, Stow, Tewkes- < bury, and Winehoomb . . ■ ■ / The County Court of Gloucestershire, 1 holden at Dursley, Stroud, Newnham, > and Newent ) The County Court of Gloucestershire, ) holden at Chipping Sodbury and > Thombury ) The County Court of Dorsetshire, 1 holden at Blaudford, Bridport, and > Weymouth ) The County Court of Dorsetshire, \ holden at Wareham and Wimbome ( Minster; and the County Court of( Hampshire, holden at Christohurch . ) The County Court of holden at Andover and bridge; and the County Court of Dorsetshire, holden at Shaftesbury Hampshire, \ Fording- ' 'i B. Courts to which tte Districts of the excluded Courts are attached. The County Court of Hamp- shire, holden at South- ampton, in Circuit 51. The County Court of Somer- setshire, holden at Feome, in Circuit 52. The County Court of Wilt- shire, holden at Swindon, in Circuit 62. The County Court of Somer- setshire, holden at Bath, in Circuit 62. The County Court of Glou- cestershire, holden at Cheltenham, in Circuit 53. The County Court of Glou- cestershire, holden at Glouoesteb, iu Circuit 53. The County Court of Glou- cestershire, holden at Bris- tol, iu Circuit 51. The County Court of Dor- setshire, holden at DoE- CHESTEB, in Circuit 55. The County Court of Dor- setshire, holden at FooLE, in Circuit 56. The County Court of Wilt- shire, holden at Salis- BDKT, in Circuit 55. 320 ORDER EXCLUDING COUNTY COURTS. Courts whiclx are excluded from Bankruptcy Jurisdiction. B. Courts to which the Districts of the excluded Courts are attached. The County Court of SomersetsMre, holdeu at Weston-super-Mare . . The County Court of Somersetshire, holden at Axbridge and Temple Cloud • . The County Court of Somersetshire, holden at Crewkerne, Langport, and Wincanton The County Court of Somersetshire, J holden at Chard, Wellington, and > Williton ) The County Court of Devonshire, '\ holden at Axminster, Crediton, Ho- ( niton, Newton Abbott and Torquay, ( and Tiverton ) The County Court of Devonshire,") holden at Bidef ord, Holsworthy, South > Molton, and Torrington . . .) The County Court of Devonshire, ■) holden at Kingsbridge, Oakhampton, | Tavistock, and Totnes and Churston ! Ferrers; and the County Court of Cornwall, holden at Lauuceston and Liskeard The County Court of Cornwall, holden ] at Bodmin, Camelford, Falmouth, / Helston, Penzance, Redi-uth, St. Aus- j tell, and St. Columb Major . . J The County Court of Somer- setshire, holden at Bbidge- WATEE, In Circuit 66. The County Court of Somer- setshire, holden at Wells, in Circuit 56. The County Court of Somer- setshire, holden at Yeovil, ,iu Circuit 56. The County Court of Somer- setshire, holden at Taun- ton, in Circuit 66. The County Court of Devon- shire, holden at Exbteb, in Circuit 67. The County Court of Devon- shire, holden at Babn-, staple, in Circuit 57. The County Court of Devon- shire, holden at East STONEHonsB, in Circuit 58. The County Court of Comr wall, holden at Truko, in Circuit 59. HATHERLEY, C. NOTE. The following County Courts, not having had attached, to them the District of any County Court excluded from Bankruptcy Jurisdiction, and not being themselves excluded from Bankruptcy Jurisdiction, ai-e not mentioned in the foregoing Order; but as tJiey have Bankruuplcy ORDER EXCLUDING COUNTY COURTS. 321 Jurisdiction, their names are here given for the information of the public. The County Court of Cumberland, holden at Whitehaven, in Circuit 3. The County Court of Lancashire, holden at Ulverstone, in Circuit 3. The County Court of Lancashire, holden at SALroBD, in Circuit 5. The County Court of Cheshire, holden at Birkenhead, In Cir- cuit 7. The County Court of Lancashire, holden at Wigan, in Circuit 10, The County Court of Yorkshire, holden at Dewsbdby, in Cir- cuit 12. The County Court of Yorkshire, holden at Halifax, in Circuit 12. The County Court of Yorkshire, holden at Barnslet, in Cir- cuit 14. The County Court of Derbyshire, holden at CnESTEErrELD, in Circuit 19. The County Court of Worcestershire,' holden at Stourbridge, in Circuit 22. The County Court of Worcestershire, holden at Dudley, in Cir- cuit 23. The County Co\irt of Staffordshire, holden at Oldburt, in Cir- cuit 25. The County Court of Staffordshire, holden at Wolverhampton, in Circuit 25. The County Court of Glamorganshire, holden at Aberdare, in Circuit 30. The County Court of Glamorganshire, holden at Pontypridd, in Circuit 30. The County Court of Glamorganshire, holden at Swansea, in Circuit 30. The County Court of Glamorganshire, holden at I^eath, in Cir- cuit 31. The County Court of Hertfordshire, holden at Barnet, in Cir- cuit 37. The County Court of Middlesex, holden at Bkentiobd, in Cir- cuit 43. The County Court of Surrey, holden at Wandsworth, in Cir- cuit 45. The County Court of Kent, holden at Maidstone, in Circuit 48. The County Court of Sussex, holden at Lewes, in Circuit 50. The County Court of Hampshire, holden at Newport and Rydb, in Circuit 61. KEGULiE GENEEALES, MICHAELMAS TERM, 1869, FOB EEGULATING THE PRACTICE UNDER AND CARRYING INTO EFFECT THE FIRST PART OF THE DEBTORS ACT, 1869. IN PUKSUAISrCE of the Common Law Procedure Act, i_3 1852, and the Debtors Act, 1869, IT IS ORDERED, that on '- and after the 1st day of January, 1870, the following Rules shall be in force for regulating the practice under, and carry- ing into effect the first part of the said "Debtors' Act, 1869." 1. All applications to commit to prison under Section 5 shall, in the first instance, be made by Summons before a Judge, which shall specify the date and other particulars of the Judgment or Order for non-payment of which the appli- cation is made, together with the amount due, and be indorsed with the particulars required by R. 73 of H. T. 1853. 2. The service of the Summons, wherever it may be prac- ticable, shall be personal ; but if it appear to the Judge that reasonahle efforts have been made to effect personal service, and either that the Summons has come to the knowledge of the debtor, or that he wilfully evades service, an Order may be made as if personal service had been effected, upon such terms as to the Judge may seem fit. 8. Proof of the means of the debtor shall, whenever practicable, be given by affidavit; but if it appear to the Judge, either before or at the hearing, that a vivd voce exami- nation, either of the debtor or of any other person, or the production of any document, is necessary or expedient, an Order may be made commanding the attendance of any such person before the Judge, at a time and place to be therein mentioned, for the purpose of being examined on oath touching the matter in question, (or, and) for the production of any such document, subject to such terms and conditions as to the Judge may seem fit. The disobedience to any such Order shall be deemed a contempt of Court, and punishable accordingly. 324 REGULiE GENERALES. 4-7, 4. The Order of committal (whioli may be in the form A. . in the Schedule, or to the like effect), shall, before delivery to the Sheriff, be indorsed with the particulars required by Rule 73 of H. T. 1853.* Concurrent Orders may be issued for execution in dififerent counties. The Sheriff and Officer shall be entitled to the same fees in ' respect thereof as are now payable upon a Oa. Sa. 5. Upon payment of the sum or sums mentioned in the Order (including the Sheriff's fees in like manner as upon a Ca. Sa.), the debtor shall be entitled to a certificate in the form B. in the schedule, or to the like effect, signed by the Attorney in the cause o< the creditor, or signed by the creditor, and attested by an Attorney on his behalf, or a Justice of the Peace. 6. 'Orders to arrest under the 6th Section (which may be in the form C. in the schedule, or to the like effect) shall be made upon affidavit and exparte, but the Defendant shall be at liberty, at any time after the arrest, to apply to rescind or vary the Order, or to be discharged from custody, or for such other relief as may be just; such Orders shall, before delivery to the Sheriff, be indorsed with the particulars required by Rule 73 of H. T. 1853. ConomTent Orders may 'be issued for arrest in different counties. The Sheriff and officer shall be entitled to the same fees in respect thereof as are now payable upon a Oapias. 7. The security to be given by the Defendant may be a deposit in Court of the amount mentioned in the Order, or a bond to the Plaintiff by the Defendant and two sufficient sureties (or, with leave of a Judge, more than two), or, with the Plaintiff's consent, any other form of security. The Plaintiff may, within four days after receiving particulars of the names and addresses of the proposed sureties, and the form of the proposed bond, give notice that he objects thereto, stating therein in what particulars ; and, in case of his so doing, the sufficiency of the security shall be deter- mined by the Master, who shall have power to award the costs of such reference to either party. It shall be the Plaintiff's duty to obtain an appointment for that purpose, * Kule 73 of H. T. 1S53, Is as follows : — " Every writ of execution shall be indorsed with the name and place of abode or office of busi- ness of the attoi-ney actually suing: out the same, and in case such attorney shall not be attorney of the Court in which the same is sued out, then also with the name and place of abode or o£&ce of business of ttie attorney of such Coxu-t in whose name such writ shall be taken out ; and when the attorney actually suing out any writ shall sue out the same as agent for an attorney in the country, the name and place of abode of such attorney in the country shall also be indorsed! upon the said writ ; and in case no attorney shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff or defendant in person, as the case may be, mentioning the city, town or parish, and also the name of the hamlet, street, and number of , the house of such plaiutitE or defendant's residence, if any such there be. EEGUL^ GENERALES. 325 and unless he does so within four days after giving notice of B— 11 objection, the security shall be deemed sufficient. _'. 8. The money deposited, and the security, and all pro- ceedings thereon, shall be subject to the order and control of the Covirt, or a Judge. 9. Unless otherwise ordered, the costs of and consequent on an Order to arrest, shall be costs in the cause. 10. Upon payment into Court of the amount mentioned in the Order, a receipt shaU. be given by the proper officer ; and upon receiving the bond, or other security, a certificate to that effect shall be given, signed or attested by the Plaintiff's Attorney ; and the delivery of such receipt or certificate to the Sheriff shall entitle the Defendant to be discharged out of custody. 11. The Sheriff or other officer named either in an Order of committal or an Order to arrest under the 6th section shall, within two days after the arrest, indorse on the Order the true date of such arrest. A. E. COCKBURN. ^y. BOVILL. FITZ ROY KELLY. W. F. CHANNELL. COLIN BLACKBURN. H. S. KEATING. JNO. MELLOR. MONTAGUE SMITH. ROBT. LUSH. JAMES HANNEN. SCHEDULE. Upon hearing, &o., [Christian and Surname of the Dehtoi- and of the party claiming], I do order that the said A. B. be, for default in payment of the debt hereinafter mentioned, committed to prison for the term of (six) weeks from the date of his arrest, including the day of such date, or untE he shall pay £ being the amount of [an instalment due to the said C. D. upon] or a Judgment of the Court of {or an Order made by ) bearing date the day of together with £ for costs of this Order, and Sheriff's fees for the execution thereof. And I order that the Sheriff of (Middlesex) do take the said A. B. , for the purpose aforesaid, if he shall be found within his Bailiwick. Dated, &c. B. I certify that A. B., now in the gaol of upon an Order of the Honourable Mr. Justice , at the suit of C. D., for non-payment of a debt of pounds, has satisfied the said debt, together with the costs mentioned in the said Order and Sheriff's fees. Dated, &c. E. F.,of &o. Attorney for the said C. D.j or C. D., of &c. Witness to the signature of C. D., Q. H., of &c., his Attorney or J. K., of &c., Justice of the Peace for EEGUL^ GENERALES. 327 •Upon reading the Affidavit of &o., I do Order that the Defendant be arrested and imprisoned for months from the date of his arrest, including the day of such date, unless and until he shall sooner deposit in Court the sum of £ by way of security, or give to the Plaintiff a bond executed by him * and two sufficient sureties in the penalty of t or some other security satisfactory to the Plaintiff, that he will not go out of England vrithout the leave of the Court [or that any sum recovered against him in {hia Action shall be paid, or that he shall le rendered to prison]. And I order that the Sheriff of (Middlesex) do within one calendar month from the date hereof, including the day of such date and not afterwards, take the Defendant for the purpose aforesaid, if he shall be found in the said Sheriff's BaiUwiok. A. E. COCKBURK. W. BOVILL. FITZ EOT KELLY. W. ¥. CHANNELL. COLIN BLACKBURN. H. S. KEATING. JNO. MELLOR. MONTAGUE SMITH. EOBT. LUSH. JAMES HANNEN. * With leave of a Judge there may be more than two sureties. t When the action is for a penalty or sum in the nature of a penalty, other than a penalty in respect of any contract, this must be suf- ficient to include the probable costs of the action, and the terms must be those in italics. INDEX. Simple Beferences are to the Bankruptcy Act, 1869. The Reference " D. A." is to the Debtor's Act, 1869, printed in this Volume. The Reference " B. R." is to the Bankruptcy Repeal and Insolvent Court Act, 1869, printed ia this Yolume. The Reference *' G. R." is to the Greneral Rules made in pursuance of the Bank- ruptcy Act, 1869. Ifote. — ^The Reference " Reg. Gen." is to the Regulse Generales issued by the Com- mon Law Judges, Michaelmas Term, 1869, and printed in thia Volume. A, Abolitiok of officers and offices of the old London Court of Baniruptcy, provided for at the discretion of the Lord Chancellor, s. 129. Accoontaot in Bankruptcy, transferred to the New London Court, subject to direction otherwise of the Lord Chancellor, s. 129. Act of bankruptcy defined, s. 6 : 1. Conveyance or assignment of property to trustee for benefit of creditors generally. 2. Fraudulent conveyance. 3. Departing out of England. 4. Bemaining out of England. 5. (In case of a trader,) departing from dwelling-house, or otherwise absenting himself. 6. Beginning to keep house. 7. Suffering oneself to be outlawed. 8. Filing a declaration of insolvency. 9. (In case of a trader, ) Seizure and sale of goods under execution, 10. Non-payment after debtor summons. Acts of bankruptcy, must have been committed within sis months before the bankruptcy petition, s. 6. Acts of bankruptcy, notice of, to creditor, render any debt contracted with him by bankrupt, after such notice, not provable in bankruptcy, s. 31. Actions ag^st debtor may be restrained by the court after presentation of a bankruptcy petition, s. 13 ; or after adjudication may proceed as the court shall think fit, ib, ; and see "Liquidation," No. 28. Actions, suits, or other legal proceeding relating to the estate to be brought or defended by the trustee, s. 25, par. 3. Adjudication upon act of bankruptcy by declaration of inability to pay, may, with the consent of the debtor, be made forthwith, G. B. 42. z 330 INDEX. \ Adjudication, where tte act of tankruptcy is non-payment under a debtor's summons, not to be made pending application for discharge of sum- mons, or where the summons has been dismissed, or during a stay of the proceedings, ©. E. 41. Adjudication, disputed, notice of, to he given to the registrar, Qt. E. 36. Adjudication : the debtor must file with the registrar an affidavit as to the statements which he disputes or denies, and send copy thereof to the creditor, ib. Adjudication : if the debtor does not appear at the hearing, the court may make adjudication without further proof, G. E. 37. Adjudication : the requisites disputed may be proved again at the hearing, unless the court shall otherwise direct, G. E. 38. Adjudication: adjournment of the hearing may be granted, if necessary, for the production of further evidence, ib. Adjudication : the petitioning creditor not attending the hearing, disqua- lified from presenting a second petition against the same person, with- out leave of the court, Q. E. 39. Adjudication : personal attendance of the petitioner, and of witnesses to prove the debt, trading, and act of bankruptcy, may be dispensed with, G. E. 40. Adjudication : after establishment by verdict of the petitioning creditor's debt, under s. 9, procedure to obtain, G. E. 43. Adjudication, order of, to be gazetted and advertised in local paper, s. 10, G. E. 45 ; adjudication to date from the order, ib. ; the Oazette con- taining the order to be conclusive evidence, ib. Adjudication, effect of, upon a debtor's property, s. 14. Adjudication, effect of, upon creditors, s. 12. Advertisements of any proceedings in the London Oazette or a local paper, memorandum of, to be made by the registrar, with proper references, and filed with the proceedings, on delivery by the person inserting the advertisement, of a copy of such Gazette or paper, G. E. 13. Affidavits, where and before whom they may be taken, prescribed, G. E. 157. Affidavits, to be used on showing cause against an order, to be filed with the registrar, two days before the hearing, G. E. 64, 55. Affidavits must be divided into short numbered paragraphs, in the first person, G. E. 151. Affidavits must state deponent's name, address, and description, and what facts are within his knowledge, ib. 152. Affidavits, if made by more than one person, the names, and dates, and places, as to each, must be inserted in the jurat, G. E. 153. Affidavits may be rejected for informality, G. E. 154 ; or by reason of era- sures or of Illegible writing, or of alterations or blottings occasioning illegibility, or of unauthenticated interlineations, ib. 155. Affidavits, manner of administering the oath and of filling up the jurat, in the case of a blind or illiterate deponent, prescribed, G. E. 156. Agent of bankrupt, holding property. See "Treasurer." Agent, none to be employed by the trustee without the leave of the in- spectors, B. 29. Aldermen, on becoming bankrupts or arranging debtors, disqualified to hold office, D. A., s. 21. Allowance to bankrupt out of estate may be made with sanction of the creditors, s. 38. INDEX. 331 Alum-makera, wittin the act as traders, Schedule 1. Amendments in all proceedings may be allowed by the court or registrar, as the case may be, &. R. 208. Annulling adjudication, may be ordered by the court, when no trustee is appointed at first meeting, or upon vacancy in trusteeship, not filled up, s. 84. Annulling adjudication, consequences of, s. 81 : 1. Not to invalidate sales and dispositions of property or payments duly made, or acts done, by trustee, or by the court. 2. Property of the debtor to vest in such person as the court shall appoint, or in himself, subject to such terms and conditions, if any, as may be declared by the court. Annulling order to be gazetted, and the Gazette containing the advertise- ment to be conclusive evidence of the order, s. 81. Annulling may be made a condition of composition or scheme of settlement under s. 28, s. 28. Apothecaries, within the act as traders. Schedule 1. Appeals from local bankruptcy courts, in respect of a matter of fact or of law, to be to the chief judge, subject to an appeal from his order to the Court of Appeal in Chancery, and also with leave of such court, to the House of Lords, a. 71. Appeals from the chief judge to be to the Court of Appeal in Chancery, subject, with the leave of such court, to an appeal to the House of Lords, s. 71. Appeals to be conducted in conformity with the rules of court in force for the time being, in relation to such appeals, s. 71. Appeals not to be against any order of the courts under the act, except in manner directed by the act, s. 72. Appeals must be entered with the registrar of appeals within twenty-one days, G. E. 143. Appeals, notice thereof, to be given to the conrt appealed from, and to the persons in whose favour the order was made, G. K. 144. Appeals : the appellant to deposit with the registrar a sum not less than 10/., nor more than iOl., towards costs that he may be ordered to pay ; if several respondents, a deposit may be directed as to each of them, G. B. 145, 146. Appeals : no new evidence to be received, except by direction of the court, but the parties may use affidavits as to what took place upon making the order appealed against, Gf. K. 147. Appeals : all affidavits to be used on the appeal to be filed with the registrar of appeals, and a copy thereof sent by the appellant to the respondent four days before the hearing, Gf. R. 148. Appeals : proceedings in the court under appeal to be sent to the registrar " of appeals, G. R. 149. Application to the court in its primary jurisdiction, regulated, G. E. 50. Appoihtments to offices created by the act to be given to persons in the receipt of compensation under the act, unless no such person is deemed by the Lord Chancellor fit for the office, s. 132; any subsequent ap- pointment to be notified to the Treasury, s. 133. Apprentice to a bankrupt, discharged from his apprenticeship by the order of adjudication, s. 33 ; entitled to preferential payment in respect of apprenticeship fee, or to have his indenture transferred, ib. z 2 332 INDEX. Arbitration as to disputes may he allowed by the trustee witb the sanction of the inspectors, s. 27, par. 2. Arrangement : office for registration and arrangement of proceedings to be provided and to be presided over by a registrar, Gr. K. 315 (such registrar to be the re^trar now acting in matters of Trust Deeds, Chief Judge's Order, 1 Jan. 1870) all petitions under ss. 125, 126, and all proceedings thereunder to be filed in such office, and all pro- ceedings under Trust Deed matters prior to the act to be transferred thither and kept of record, Q. E. 315 ; resolutions in county courts under ss. 125, 126, to he registered there, ib. Arrest or imprisonment under the Bankruptcy Act, 1869, exempted from the operation of the Debtors' Act, 1869, D. A., s. 9. Arrest of bankrupt, and the seizure of his books, papers, and property, may be ordered by the court : 1. If after presentation of the bankruptcy petition there is reason to believe that the debtor is about to go abroad, or to keep out of the way in order to delay or embarrass the proceedings in bank- ruptcy, or that he has concealed or is about to remove or conceal his property, or to remove, conceal, or destroy his books, &c. 2. If after the petition, or after adjudication, he remove any goods in Ms possession to above the value of 51. without leave of the trustee, or fail, without good cause shown, to attend any exami- nation ordered by the court, a. 86. Arrest under s. 6 of the Debtors' Act, to be upon affidavit ex parte, sub- ject to application to the court by the debtor after arrest for release^ or for variance or rescinding of order, or other relief, Seg. Oen. 6 ; costs of and consequent upon order to be costs in the cause, unless the court shall otherwise direct, ib. 9. Arrest on mesne process limited to cases where a superior court of law at Westminster is satisfied that the plaintiff has a good cause of action to an amount exceeding 502., and that the debtor is about to quit England, to the prejudice of the plaintiff in the prosecution of the action, D. A., s. 6. Arrest : the date of the arrest to be endorsed upon the order of committal or arrest, within two days after the arrest, Reg. Oen. 11. Arrest : the imprisonment not to exceed six months, or until the debtor has given security to the amount in dispute, that he will not quit England without the leave of the court, ii. ; where the action is for a penalty, other than in respect of a contract, it need not be shown that the absence of the debtor will prejudice the plaintiff, and the security will be that any sum recovered shall be paid, or the defendant rendered to prison, ib. Articled clerk to a bankrupt, discharged from his articles by the order of adjudication, s. 33 ; entitled to preferential payment in respect of any fee on articles, or to have his .articles transferred, ib. Assessed taxes, to be paid in priority to other debts, s. 32. Assessment of debts or liabilities, contingent or of uncertain value, to be made according to rules of court, or by the trustee, as the case may be, subject as to the trustee's estimate, to an appeal to the court, o. 31. Assignee of anything in action belonging to the estate, may bring or defend action or suit relating thereto in his own name, s. 111. INDEX. 333 Association within the Companies Act, 1862, exempt from the Bankruptcy Act, 1869, s. 5 ; and see " PartnersMp." Attachment against land, &c., of bankrupt. See "Seizure." Attorneys and solicitors of the superior courts to be attorneys of the Court of Bankruptcy, and may practise there ; and in matters before the Chief Judge or registrars in the London Court of Bankruptcy, in Court or in Chambers, may appear and be heard without being re- quired to employ counsel, s. 70. Any person not being such attorney practising as such in the Court of Bankruptcy, to be deemed guilty of a contempt of court, ih. Attorneys practising in the Court of Bankruptcy to enter from time to time their name and place of abode or business in the roll of attorneys in the chief registrar's office, G. B,. 216. If such place is not within five miles from the Greneral Post Office, to appoint some place within three miles from the General Post Office where notices, &o., may be served on them, ib. 217 ; in default of such appointment, the fixing up such notices, &c. in the office of the chief registrar to be sufficient service, ib. 216. Attorneys liable to imprisonment in default of payment of penal costs, or sum ordered to be paid nnder order of a court, D. A ., li. 4. Attorneys holding property of bankrupt. See "Treoiv/rer" Auctioneers, within the act as traders, Schednle 1. Audit of accounts of trustee by inspectors, to be made quarterly, a. 55 Audit in liquidation may be made as creditors direct, n. 125, par. 9. B. Bankees, holding property of bankrupt. See "Treasurer." Bankers, within the act as traders. Schedule 1. Bankrupt, his duties prescribed, s. 19 : 1. To aid in realizing, and in distributing his property among his creditors. 2. To produce a statement of his a&irs to the first meeting of cre- ditors, to attend the same, and produce in duplicate a statement of his affairs, G. K. 92. 3. To attend public examination, and any adjournment thereof. 4. To furnish such inventory of property, and such list of cre- ditors and debtors as may be required from him by the trustee or otherwise. 5. To submit to examination as to his property or his creditors, as may in like manner be required. 6. To attend such meetings of his creditors as he may be directed to attend. 7. To wait on the trustee at such times as the trustee may rea- sonably direct. 8. To execute all such powers of attorney, conveyance, &c., and to do all such acts and things as may be necessary for the realization and distribution of his property. Bankrupt, liable upon wilfully failing to perform the duties imposed on him by s. 19 of the act, or to deliver up his property for division, to punishment for contempt of court, s. 19. 334 : INDBX. Bankrupt, his right to appeal to the court against any act of the trastee, ti. 20. Bankrupt : if the adjudication against him be annulled, may have his property revested in him, s. 81. Bankrupt : liability of his pay, half-pay, pension, salary or other income, to appropriation for the benefit of the creditors, ss. 88, 89, 90. Bankrupt, as to arrest of, and seizure of his goods. See "Arrest." Bankrupt, fraudulently absconding with property, a felon. See "Felony." Bankrupt ; upon arrest on warrant, to be lodged with the keeper of the specified gaol, and his books, papers, monies, goods, and chattels to be given to the trustee, Gf. R. 177. Bankrupt may have allowance out of his estate with the sanction of the creditors, and remuneration for services in the bankruptcy, s. 38. Bankrupt : his business may be carried on by the trustee, s. 25, par. 2. Bankrupt may be allowed by the trustee, under the direction of the cre- ditors, as to terms, &c., to carry on his business, and otherwise aid in administering the estate, s. 26. Bankrupt may be examined as to his estate, dealings, &c., s. 96, Bankrupt, his death not to prevent continuance of the proceedings, s. 80 par. 9, Bankrupt need not be joined in any action against any co-contractor, s. 112 . Bankrupt to be entitled to no estate or interest in any property disclaimed by the trustee under the section, s. 23. Bankrupt liable to imprisonment on default of payment of salary or in- come ordered by a Court of Bankruptcy, D. A., s. 4. Bankrupt may apply to the court for an order of discharge, when the bank- ruptcy is closed, or during the bankruptcy, with the assent of the creditors, s. 48. Bankrupt : when not entitled to have an order of discharge, s. 48. Bankrupt : from what debts he is released by the order of discharge, ts. 49. Bankrupt, if sued in respect of any debt provable under his bankruptcy, may plead his order of discharge as sufficient evidence, s. 49, Bankrupt, when he has not obtained bis discharge, is allowed three years, within which to pay a dividend of ten shillings, and if within that time such dividend is paid, he wiU be entitled to his discharge, s. 24. Bankrupt entitled to surplus estate, after payment of debts and of the bankruptcy expenses, s. 45, Bankrupt's wife may be summoned to the court for examination in relation to the bankruptcy, s. 96. Bankruptcy of inspector, vacates his office, s. 83, par. 16. Bankruptcy of trustee, vacates his office, s, 83, par. 6. Bankruptcy petition defined, s. 8. Bankruptcy petition, by whom it may be presented, s. 6. Bankruptcy petition, its requisite allegation or allegations, s. 6, Bankruptcy petition must be filed in the London Court, if residence or business be within its district, or in the proper county court, Q. R, 26. Bankruptcy petition must be filed in the office of the chief registrar, and directed to the registrars in rotation, G. E. 218, A second petition against the same debtor, either alone or jointly with any other person, to be directed to the same registrar, ib. 219. Bankruptcy petition must be written or printed in the prescribed form INDEX. 335 subject to an; alteratioDS, interlineatioiLS, or erasures permitted by the registrar, Q. K. 27. Bankruptcy petition must be accompanied by affidavit, verifying its state- ments, s. 80, par. 1. Bankruptcy petition : tbe statements may, if necessary, be supported by evidence, other than that of the petitioning creditor, Q. R. 29, 32. Bankruptcy petition : where two or more petitioners not in partnership, each must depose to the truth of his own statement, by joint or by separate affidavit, G. R. 30. Bankruptcy petition may be presented against one or more members of a firm without including the others, s. 100. Bankruptcy petition may be dismissed as against one or more of several respondents, without prejudice to the effect as against the others, s. 101 ; and see G. R. 35. Bankruptcy petition, a subsequent, against a member of a partnership of which another member has been adjudicated bankrupt, to be filed in, or transferred to the court in which the first petition is in course of prosecution, and the property, unless the court shall otherwise direct, to vest in the trustee under the first petition, s. 102. Bankruptcy petition, where two or more are presented against the same debtor or debtors, members of the same partnership, the court may consolidate the proceedings, s. 80, par. 2. Bankruptcy petition : petitions against the debtor presented in more places thMi one, the London Court may transfer the proceedings to itself, or to a local court, ib. par. 3. Bankruptcy petition, by copartnership, authorised to sue and be sued in the name of its public officer or agent, may be presented by such public officer ; where by corporate body, the affidavit may be by director or other officer on its behalf, Gr. R. 15. Bankruptcy petition : the creditor not proceeding with due diligence, the court may substitute another petitioner, s. 80, par. 4. Bankruptcy petition : the registrar may reject for informality, G. E. 27. Bankruptcy petition : the registrar to investigate the statements in it before sealing copies for service, G. K. 32. Bankruptcy petition : after presentation, the court may, upon the appli- cation of a creditor, appoint a receiver or manager of the property or business, s. 13, G. K. 33. Bankruptcy petition, effect of, upon actions, suits, executions, or other legal process against the debtor, s. 13. Bankruptcy petition, effect of presentation of, upon the debtor's property and business, s. 13. Bankruptcy petition, service of, upon the debtor, must be personal, and by an officer or baiUfif of the court, or by the creditor or his attorney ; but the court may grant extension of time, or permit substituted service by advertisement in the Gazette and a local paper, or other- wise, G. R. 59—66. Bankruptcy petition, as to hearing of, s. 8. If the debtor does not attend, adjudication to be made, G. R. 37. Bankruptcy petition : the following requisites must be established : 1. The petitioning creditor's debt. 2. The trading, if necessary. 3. The act of bankruptcy, s. 6. 336 INDEX. Bankruptcy petition, the court may : 1. Adjourn the petition, conditionally or unconditionally, for further evidence, or otherwise, s. 8. 2. May dismiss the petition, ib. 3. May stay the proceeding until after trial, tefore itself or other competent court, of a debt disputed by the alleged debtor, s. 9 ; but such stay not to preclude adjudication upon the petition of another creditor, if the court shall see fit, ib. Bankruptcy petition : after verdict against the petitioning creditors' debt, under section 9, procedure to obtain dismissal of petition with costs, G. B. 44. Bankruptcy petition : vrhere proceedings are stayed upon security given under, s. 9, uuless the creditor take proceedings within twenty-one days, and duly prosecute the same, the debtor entitled to dismissal of petition with costs, G. K. 47. Bankruptcy petitions, priorities among several petitions against same per- son regulated, G. E. 48. Bankruptcy petitions ; as to dismissal of petition, after stay of proceedings thereon, and subsequent adjudication upon a second petition by another creditor, s. 9. Bar, precedence of the. See " Motions." Beginning to keep house, an act of bankruptcy, s. 6, par. 3. Bills of exchange, or promissory notes, of which holder not known, pro- visions as to proof of debt in respect of, in compositions, s. 126. See " Compositions." Bleachers, within the act as traders. Schedule 1. Body corporate, included in the term person, s. 4. Book debts, part of the estate to be sold by the trustee, s. 25, par. 6. Books, papers, &c., relating to the estate, the fraudulent concealment of, or preventing the production of, or mutilation, destruction, or falsification of, by bankrupt or debtor, a misdemeanor, D. A., s. 11, par. 3, 8. Brickmakers, within the act as traders. Schedule 1. Brokers, within the act as traders. Schedule 1. Builders, within the act as traders. Schedule 1. Business of the bankrupt may be carried on by the trustee, n. 25, par. 2. Buying and selling, persons who, for themselves or as agents or factors for others, seek their living by, traders within the act. Schedule 1. 0. Calknbebem, within the act as traders, Schedule 1. Carpenters, within the act as traders. Schedule 1. Carriers, within the act as traders. Schedule 1. Cattle salesmen, within the act as traders, Schedule 1. Certificate of appointment of trustee to be given by the court, and to be conclusive evidence of appointment and its date, s. 18. Certificate of payment by person imprisoned under the Debtors' Act, to in- clude the fees payable, and to be signed by the attorney in the cause, or by the creditor, his signature being attested by an attorney on his behalf, Reg. Gen. 5. Chambers : the Chief Judge may sit in chambers and there exercise the INDEX. 337 same jurisdiction and exercise the same powers as when sitting in court, s. 65. Channel Islands : wari-ants of an English Court of Bankruptcy enforceable iu the Channel Islands, s. 76. Chief Judge to be in the first instance such one of the late commissioners as may be chosen by her Majesty, a. 128, and thereafter, one of the judges of her Majesty's superior courts of common law, or of equity, s. 61. Chief Judge to continue, in all respects, except title, as if his previous office of commissioner had not been abolished, s. 128. Chief Judge, subject to the provisions of the act, and the sanction of the Treasury, to determine the number of registrars, not exceeding four, and of the clerks, ushers and other subordinate officers, s. 61. Chief Jndge incapable of being elected a member of the House of Commons, s. 69. Chief Judge to have all the powers, jurisdictions, and privileges of the judges of the superior courts of common law at Westminster, and the Court of Chancery, and his orders to be of the same force as judgments in common law or decrees in Chancery, s. 65. Chief Jndge may sit in chambers and there have the same jurisdiction and exercise the same power as when sitting in court, s. 65. Chief Judge may determine matters in court or in chambers, on hearing attorneys or solicitors, without the intervention of counsel, s. 70. Chief Judge, with the approval of the Lord Chancellor, to regulate the sittings of the court, and appoint vacations therein, G. R. 209. Chief Judge may delegate to the registrar or other officer of his court, such of his powers as may be expediently delegated, s. 67, G. K. 2. Chief Judge, during vacation, or his absence from illness or other reason- able cause, the senior registrar in attendance to act as his deputy, upon notice thereof to the Lord Chancellor, G. R. 210. Chief Judge has authority to reinstate a registrar or other officer dis- missed for acting as attorney or solicitor in any bankruptcy proceeding in the court to which he was attached, s. 69. Chief Judge to exercise all the powers, &o., of the old London Bankruptcy Court, in all matters of trust, kc, deeds, pending on the 31st Dec, 1869, G. E. 316. Chief Registrar transferred to the new Lopdon Bankruptcy Court, subject to direction otherwise of the Lord Chancellor, s. 129 ; to complete registration of trust deeds pending on the 31st Dec, 1869, G. R. 318. Chief Registrar, on abolition of the office, the duties to be performed by the senior registrar for the time being, G. R. 213. Chief Registrar, his office to be at the Court of Bankruptcy in London, and to be kept open daily, with specified exceptions, from 10 till 4, G. E. 214. Chief Registrar to keep a roll of attorneys and solicitors entitled to practise in the court, such roll to be open for inspection to any enrolled attorney or solicitor, G. R. 215, 216, 217. Chief E^istrar to file and keep praecipes of writs and executions, and enter the same in a book alphabetically indicating the persons against whom they are issued, G. R. 226, 227, 228. City of London and its liberties, comprised, for the purposes of the act, within the London Bankruptcy district, s. 60. 338 INDEX. Claims may be compromised by the trustee with the sanction of the inspectors, ts, 27, par. 2, 3, 4. Clerks, ushers and other subordinate officers, subject to the provisions of the act, their number to be regulated by the Chief Judge, with the sanction of the Treasury, ». 61 ; subject to the provisions of the act, to be appointed and to be removable by the Chief Judge, s. 62 ; their salaries when appointed by the Chief Judge, to be fixed by him, with the sanction of the Treasury, s. 63 ; and their duties to be such as shall be assigned to them by the Chief Judge, with the assent of the Lord Chancellor, s. 64. Close of the bankruptcy may be declared by order of the court upon the report of the trustee that the property has been realized, or that, a composition or arrangement has been completed, a. 47 ; the publica- tion of the order in the Gazette to be conclusive evidence, ib. Close of liquidations to be fixed by the creditors, s. 125, par. 9. Coach proprietors, within the act as traders, Schedule 1. Co-contractor with bankrupt may be sued without the joinder of the bankrupt, s. 112. Co-contractor with bankrupt, not released by order of discharge, a. 50. Coffee-house keeper, within the act as a trader, Schedule 1. Cognovit actionem, to be valid, must be executed in the presence of an attorney on behalf of the person giving it, and be attested by him, D. A., s. 24, 25 ; any defeazance or condition must appear on the document ; it must be duly filed, s. 26. Commencement of the Bankruptcy Act, 1869, s. 3. Commencement of bankruptcy, to date from the act of bankruptcy, s. 11. Commission of bankruptcy, prescribed construction of the term with reference to a^ljudication under a bankruptcy petition, s. 119. Commissioners of the London Bankruptcy Court, except the commissioner chosen as Chief Judge, abolished, s. 128. Commissioners may be appointed by the Lord Chancellor to some judicial office of equal or greater salary, and upon refusal to accept the appointment, or neglect, being in a competent state of health to execute the duties, to forfeit their superannuation allowance, unless they satisfy the Lord Chancellor that the office is not suitable, s. 134. Commitment for contempt of court, procedure to obtain, prescribed, G. R. 178, 179. Commitment to be to such convenient prison as the court shall think fit, s. 77. Commitment under the Debtors' Act, sa. 5, 6, regulated, Seg. Oen. 4 ; concurrent orders for execution in difierent counties may be issued, ib. Committee of inspection, as to appointment of, s. 14, par. 3 Committee of inspection, to superintend the trustee's administration of the bankrupt's property, ib. Committee of inspection : where there is no such committee, the court, on the application of the trustee, may represent it for all the purposes of the act, s. 83, par. 17. Committee of inspection, may act, notwithstfinding any vacancy in their body, reducing the number below five, s. 83, par. 14. Committee of inspection : the quorum may be fixed by resolution of creditors, s. 83, par. 11 ; if not so fixed, to be three, G. K. 129. INDEX. 339 Committee of inspeotion : any member of, may be removed by special resolution of the creditors, a. 83, par. 12. Committee of inspection : on vacancy in the office, the trustee to call a meetinf of the creditors to fill up the vacancy, s. 83, par. 13. Committee of inspection : their directions may be set aside by directions of a general meeting of the creditors, s. 20 ; they are to meet every three months to audit the trustee's account, s. 41 ; and determine as to dividend, s. 55 ; their duties as to the trustee's record and estate books, Q. B. 242, 243. Committee of inspection : no act ionafide done by any member of, to be vitiated by reason of any defect or irregularity in his appointment, ». 83, par. 15. Committee of inspection :- if no committee, or if not the whole of the committee be appointed, such circumstance not to invalidate any act or proceeding of the trustee or of the creditors, s. 83, par. 15. Committee of inspection, any member of, may resign his office on written notice to the trustee, s. 83, par. 10. * Committee of inspection, a member of, on becoming bankrupt, vacates hi& office, s. 83, par. 16. Company. See "Partnership,'' " Companies Act, 1862," Partnership, Association or Company Corporate, registered under, not within the Bankruptcy Act, 1869, s. 5. Company Corporate within the Companies Act, 1862, exempt from the Bankruptcy Act, 1869, s. 5. Compensation to officers released or abolished, directed, ss. 129, 131 ; to be in no case less than two-thirds of the salary, s. 131 ; and may be by way of annuity, or otherwise, ib. Compensation, appropriation of, to creditors. See "Pay." Competition for trusteeship, no part of the expense of competition for the office, to come out of the estate, Gr. S. 127. Composition with creditors, regulated, s. 126 ; and see "Liquidation." Composition : its provisions enforceable by the court, on motion, on pain of contempt of the court, s. 126 Composition, registration of resolution to be conclusive evidence of the proceediings, s. 127. Composition by bankrupt may be accepted by trustee, with the sanction of the creditors and of the court, with or without annulling. The approval of the court to be conclusive as to the validity of the com- position, and the composition itself to be enforceable by the court, and to be binding on the creditors, s. 28 ; and see G. E. 252 — 814. Composition by bankrupt with creditors under the act may operate as a stay of the proceedings in bankruptcy, s. 80, par. 10. Compromise of debts, claims, or liabilities, may be made by the trustee with the sanction of the inspectors, s. 27, par. 2, 8, 4. Comptroller, appointment of, s. 55. To hold office during the pleasure of the Lord Chancellor, and to receive such salary as the Lord Chan- cellor shall direct with the sanction of the Treasury, ib. To have an office and officers, clerks and servants, ib. Comptroller to examine trustee's statement of affairs, and to call him to account for any misfeasance, neglect, or omission, and to charge him with any loss thence resulting, and to report to the court any failure of the trustee to make good such loss, ts. 57 ; Gr. K. 251. 340 INDEX. Comptroller to give to trustee applying for his release a report upon his accounts, G. K. 248. Comptroller to require at any time from a trustee explanations as to the bankruptcy, and may cause him, or ^ny other persons, to be ex- amined before the court concerning the bankruptcy, and may direct local investigation of the trustee's books and vouchers, b. 58. Comptroller to keep registers of bankruptcies, and bankruptcy proceed- ings, open to puhlic inspection, G. R. 237, 238, 239. Comptroller to prepare books of official returns, and to make annual report to the Lord Chancellor, respecting all matters within the act, s. 115. Computation of time under the act, b. 114. Consolidation of proceedings under two or more bankruptcy petitions. See "bankruptcy Petition." Contempt of court. See "OommitmerU." Contingent debts, not detts enabling creditor to vote at first meeting, s. 16, par. 3. Contingent debts, before proof, to have a value set upon them, according to rules of court, or, if these do not apply, at the discretion of the trustee, s. 31 ; subject, as to the trustee's estimate, to an appeal to the court, ib. Contracts or dealings with bankrupt, prior to adjudication, and without notice of act of bankruptcy, protected, b. 94. Contracts, part of the estate, may, if unprofitahle, be at any time die- claimed by the trustee, and shall thereupon he deemed determined from adjudication, s. 23 ; but subject to application to the court by the party interested, ib. ; and to limitation of time for disclaimer, upon application from the party interested, s. 24. Contracts, distinct, by bankrupt, member of several firms : proof in re- spect of, against the properties respectively liatle, s. 37. Conveyance or assignment of property for benefit of creditors generally, an act of bankruptcy, s. 6. Conveyance by bankrupt in good faith, protected, s. 95. Conveyance, assignments, surrenders, admissions, or other assurance re- lating solely to the estate of a bankrupt, proxy-papers, writs, orders, certificates, affidavits, bonds, or other instrument or writing relating solely to such estate, exempt from stamp duties (except in respect of fees under the act), s. 113. Copyhold property, part of the estate, may pass to appointee of trustee, without surrender and admittance as to trustee, s. 22. Corporation may prove, vote, and otherwise act in bankruptcy hy an agent duly authorised under its seal, a. 80, par. 7. Costs may be awarded by the court in all matters before it, and so awarded be recoverable in manner prescribed, (J. R. 186. Costs, orders for payment of, to be sealed, and signed by a registrar, and filed, ib. 187. Costs, every order may be enforced by issuing execution, i5. 188. Costs, to be subject to taxation, ib. 189. Costs of and consequent on an order of arrest under the Debtors' Act, to be, unless otherwise ordered by the court, costs in the cause, Reg, Gen. 9. Costs may be allowed against debtor to the estate, admitting himself to be such upon examination, s. 98. Costs under debtor summons. See "Debtor's Summons.^' INDEX. 341 Costs, &o., bills of, taxable by the masters, specified, G. E. 223 ; subject to tbe revision of the court, ib. Counsel not required to be heard, as of right, in matters before the chief judge or registrar, in the London Court of Bankruptcy, in court or in chambers, s. 70. Country district courts of bankruptcy abolished, s. 130 ; the registrar alone to be retained for the purpose of disposing of such pending business as the Lord Chancellor shall appoint, and upon that business being wound up, to retire, ib. Their powers, &c., as to trust, &c., deeds, transferred to the county courts, G. B. 816. Country district courts of bankruptcy, all books, papers, documents, and money in the custody or control of these courts to be transferred, and to vest in manner to be directed by the Lord Chancellor, s. 130. County court judge to have, for the purposes of the act, in addition to his ordinary powers, all the powers and jurisdiction of a judge of the Court of Chancery, s. 66. May delegate to registrar or other officer of his court such of his powers as may be expedient, s. 67 ; G. E. 3. County court judges acting in bankruptcy, their power as to delegation of their authority, s. 67 ; G. R. 3. County court judges, their power to transfer proceedings, s. 80, par. 5 ; G. B. 82, 83, 84. County courts, sittings o^ in bankruptcy matters regulated, G. £. 204, 205. County court jurisdiction in bankruptcy, any county court may be ex- cluded by the Lord Chancellor from bankruptcy jurisdiction, and its district, for the purposes of such jurisdiction, transferred to another county court or courts, s. 79. County court registrars may, under delegation from the judge acting in bankruptcy, exercise all his powers as such, except that of commit- ment, G. R. 2, 3. Court, definition of the term, s. 4. Court, to mean the London Bankruptcy Court in cases where the bank- rupt resides or carries on business within the London Bankruptcy district, or is not resident in England, s. 59. Court, in cases where the debtor resides or carries on business within the district of a county court, other than a metropolitan county court, to mean such county court, &>. Court, every court having original jurisdiction in bankruptcy to be deemed, subject to the act, the same court, and to have jurisdiction through- out England, s.' 80, par. 6. Court to receive bankruptcy petitions, s. 6. Court to grant and to adjudicate npon debtors' summonses, s. 7. Court to try, in certain cases, questions relating to debts under debtors' summonses, s. 7. Court to adjudicate upon bankruptcy petitions, ss. 8, 9 ; G. B. 37. Court to restrain, or otherwise, proceedings in suits, &o., against a bank- rupt, s. 13. Court to appoint, if it think fit, a receiver or manager, and to direct pos- session to be taken of the estate, s. 13 ; G. B. 33. Court to summon first meeting of creditors, s. 14 ; but see 6. B. 89. Court to control, if it see fit, directions of creditors to trustee, s. 14, par. 4. 342 INDEX. Court to direct, when necessary, the conduct of the registrar as trustee, s. 17. Court to give certificate of appointment of trustee, whether registrar or creditor trustee, upon being satisfied as to security, s. 18 ; Q. R. 105. Court to adjudicate on special applications by trustees or creditors, s. 20. Court to appoint day for public examination of bankrupt, and adjourn the same if requisite, s. 19; but see Q. E. 138. Court to adjudicate upon matters in dispute between the trustee and the bankrupt, or any creditor or other peraon aggrieved, o. 20. Court to summon, if it shall think fit, general meetings of creditors, and dii'ect the registrar to preside, s. 20. Court to adjudicate upon applications by persons interested in property disclaimed under s. 23 by the trustee, s. 23. Court to adjudicate upon resolution of creditors under s. 28, and if annul- ling be a condition, to annul the bankruptcy, s. 28. Court to adjudicate upon appeal as to contingent debts, and, where neces- sary, to assess their valne, with or without the interrention of a jury, and either before the court itself or before some other court, s. 31. Court, upon report of trustee, may make an order closing the bankruptcy, s. 47. Court to adjudicate as to order of discharge, s. 48. Court to adjudicate on application by trustee for release, s. 51. Court may revoke order of release of trustee on proof that it was obtained by fraud, s. 53. Court may order examination of persons in Scotland or Ireland, s. 75. Court may give directions as to first meetings, s. 84. Court may annul adjudication if no trustee appointed at first meeting, or upon vacancy in the trusteeship not filled up, s. 84. Court may direct post letters addressed to bankrupt to be sent to the trustee or other person, s. 85. Court may remove a trustee upon cause shown, s. 83, par. 4. Court to certify as to appointment of a new trustee by creditors, s. 83, par. 4. Court to adjudicate upon any report by the comptroller charging a trustee with misconduct, s. 57, Court to examine trustee or other person as to the bankruptcy, on the requi- sition of the comptroller, s. 58. Court to adjudicate as to consolidation of proceedings under two or more 'bankruptcy petitions, s. 80, par. 2. Court to adjudicate as to substitution of creditor for petitioning creditor, in case of laches, ib., par. 4. Court, on the application of the trustee, may summon the bankrupt, or his wife, or any other person, to be examined concerning the bankruptcy, and to produce documents relating thereto, s. 96 ; on refusal of person summoned to attend, or to produce documents, the court may, by war- rant, cause him to be apprehended, and brought up for examination, ib. Court may exercise the same power as to the amendment of writs and praecipes as the superior courts at Westminster, Cr. R. 236. Court, in default of a committee of inspectors, to represent it for all the purposes of the act, o. 83, par. 17. Court to adjudicate as to amount and manner of payment of debt admitted, due on examination by debtor to the estate, s. 98 ; and as to costs, if any, ib. INDEX. 343 Couri to grant search Tarrants for property concealed elsewhere than in bankrupt's house, s. 99. Court to adjudicate as to property, &c., in cases where a petition is pre- sented against a member of a partnership, of which one member is already a bankrupt, a. 102. Court to adjudicate as to objections to formal defects or irregularities in proceedings, s. 82. Court to adjudicate upon application by trustee to institute actions or suits in the name of himself and of bankrupt's partner, s. 105. Court to adjudicate as to stay of proceedings in case of liquidation by arrangement or composition, s. 80, par. 10. Conrt may direct continuance of proceedings after death of bankrupt, s. 80, par. 9. Court to adjudicate upon application to annul, and upon the consequent disposal of the debtor's property, s. 81. Court to adjudicate on motions to enforce provisions of composition with creditors under the a^jt, s. 126. Court may, on cause shown, convert liquidations under the act into bank- ruptcy, s. 125, par. 12 ; G. E. 266, 267. Court may, on cause shown, convert composition into bankruptcy, ti. Court may order the prosecution of a bankrupt on the report of the trustee, on the representation of a creditor, or of an inspector, if it shall see reasonable probability of a conviction, D. A., s. 16 ; and may order the trustee to prosecute, ib. Court, its power to arrest or imprison a person, not affected by the Debtors' Act, D. A., 3. 9. Court to certify to the Speaker when a member of the House of Commons has been bankrupt for twelve months, and has not annulled his ad- judication, or paid his debts, s. 122. Court. Every court having jurisdiction in bankruptcy fmay review, rescind, or vary any order made by it under the act, a. 71. Court of Bankruptcy, London, to have the jurisdiction of the late Insolvent Debtors' Court, B. R. Act, 1869, ss. 4, 16. Court of Bankruptcy : rules of court may be made in relation to the wind- ing up of the business of that court, ii. a, 5 ; and see " Winding up." Court of Appeal in Chancery to be, for the purposes of the act, a court of record, with all the jurisdiction, powers, and authorities of the Court of Bankruptcy, to be exerciaeable either originally or on appeal, and with all the powers and authorities of the Court of Chancery relative to the trial of questions of fact, by jury, issue, or otherwise, s. 71. Court of Insolvency, in Portugal Street, provision as to the clerks and officers of, B. E. Act, s. 10. ; their salaries to continue, ib., 12 ; their superannuation under any former acts not affected by the present act, ib., a. 13. Courts of bankruptcy in England available for enforcement of orders made by courts of bankruptcy in Ireland and Scotland, s. 73. Courts of bankruptcy in England, Ireland, and Scotland, and British courts elsewhere, having jurisdiction in bankruptcy or insolvency, and the officers of all such courts, to act in aid o^ and to be auxiliary to each other in all matters of bankruptcy, ». 74. Covenants, onerous, as to disclaimer of by trustee, see s. 23, and " Trus- tee." 344 INDEX. Cowkeepers, within tlie act as traders, Schedule 1. Creditors may not vote at first meeting until they have proved a, debt, s. 16, par. 2. Creditors may not vote in respect of unliquidated or contingent debt, or debt of which the value is not ascertained, s. 16, par. 3. Creditors, if secured, can only vote in respect of balance, unless they sur- render the security, s. 16, par. 4. Creditors holding specific security, may prove for their whole debt on giving up the security, s. 40. Creditors entitled to set-off in the case of mutual credit, &c. , between them and the bankrupt, if they had not at the time of such credit, &c., notice of an act of bankruptcy, s. 39. Creditors making false claim, on proof, &c., untrue in any material par- ticulars, wilfully and with intent to defraud, guilty of misdemeanor, D. A., s. 14. Creditors who have proved prior to any general meeting of creditors after the first meeting, may attend and vote at such meeting, s. 21. Creditors may, in writing, appoint a proxy, fully to represent them for all purposes of the act, s. 80, par. 8. Creditors, their rights as to property, upon an order of adjudication, ». 14. Creditors, their power at first meeting, ib, par. 1 : 1. To appoint . Creditors of small debtors, imprisoned under the act, retain their rights against the debtor's property, D. A., s. 5. Crown debts, not within the act, s. 49. Ciistomary property, part of the estate, may pass to appointee of trustee, without surrender and admittance as to trustee, d. 22. Death of bankrupt not to prevent the proceedings in the bankruptcy con- tinuing, s. 80, par. 9. Death of bankrupt, or a witness, does not prevent depositions from being received in evidence, s. 108. Debtor arranging under the Bankruptcy Act, 1869, remains liable for balance of debt incurred, increased, or forborne by means of fraud, in cases where the creditor has not assented to the arrangement or composition, D. A., s. 15. Debtor arranging under the act, and fraudulently absconding with property, a felony. See "Felony." Debtor to the estate, admitting debt upon examination, to pay to the trustee, the whole or part of the debt, with or without costs, as the court shall direct, s. 98 ; effectually discharged by the trustee's receipt on payment, s. 25, par. 7 ; his right to appeal to the court against any act of the trustee, s. 20. Debtors disobeying order of a court of bankruptcy to pay, liable to imprisonment, D. A., s. 4. Debtors, at the commencement of the act, in prison, in any case in which they would not be liable to imprisonment under the act, to be dis- A A 346 INDEX. charged at the commencement of the act 'without payment of fees, but such discharge not to affect the rights or remedies of the creditors against their property, D. A., a. 7. Debtors, under order or judgment of a court for sums not exceeding 50?. with costs, may be imprisoned on non-payment, for any time not exceeding six weeks, D. A., s. 5; such imprisonment not to extinguish the debt, or lessen the creditors' rights against property, ib. ; may be discharged forthwith within the six weeks, on certificate of payment, ib. Debtors' Act, 1869 : 1. To be cited for all purposes as the Debtors' Act, 1869, s. 1. 2. Not to extend to Scotland or Ireland, s. 2. 3. To come into operation on the 1st January, 1870, ». 3, Debtor's summons, the non-payment of debt after, when an act of bank- ruptcy, ss. 6, 7. Debtor's summons to issne from the London Court, if the residence or business be within its district, if elsewhere from the proper county court, G. E. 17. Debtor's summons to issue, in the Scheduled form, on afiidavit of debt by the creditor, Gr. E. 18 ; the original summons to be filed, G. R. 20. Debtor's summons to be endorsed with the name and address of the creditor's attorney, or, if there be no attorney, with a notification that it is issued by the creditor himself, Q. B. 21. Debtor's summons to be endorsed with notice to debtor of consequences of neglect to obey the summons, and with an intimation that, if he dispute the debt, he must file an affidavit thereof with the registrar, a R. 22. Debtor's summons : alleged debtor may apply to the court to dismiss the summons, in manner and time prescribed, and the court may either dismiss the summons with or without costs, or stay the proceedings under the summons, until after trial of the question of debt, with or without security by the alleged debtor, s. 7 ; G. E. 23. Debtor's summons : the trial of any such question to be before the London Court of Bankruptcy, or before a county court, or before some other competent court, as the case may be, ib. Debtor's summons : where the summons is stayed, upon security given, unless the creditor take proceedings within twenty-one days, and duly prosecute the same, the debtor wiU be entitled to have the summons dismissed with costs, G. E. 25. Debtor's summons : the summons must be served personally, within twenty-one days from its date, but the court may grant extension of time, or permit substituted service, by advertisement in the Oazette and a local journal, G. E. .59, 61, 62. Debtor's summons : on adjudication by the court against the debt, the debtor to be discharged from the summons, with costs, but the costs not to be enforced for seven days, or, if an appeal be entered, not until the appeal has been decided, G. E. 24. Debtor's summons ; as to adjudication under, see "Adjudication." Debts provable in bankruptcy, definition of the term, a. 4. Debts provable, all debts and liabilities (except as excepted in relation to unliquidated damages, and debts contracted after notice of act of bankruptcy,) to which the bankrupt is subject at the date of the INDEX. 347 order of adjadication, or to whioli he may become subject during the bankruptcy, by reason of any anterior obligation, a. 31. Debts of uncertain value, as to assessment of, a. 31. Debts of unascertained value, not debts enabling creditor to vote at first . meeting, a. 16, par. 3. Debts provable, discharged by order of discharge, b. 49. Debts, as to expunging, &. R. 73. Debts provable under a bankruptcy, not enforceable until after the ex- piration of three years from the close of the bankruptcy, a. 54, par. 1 ; if not paid within that period, they, or any balance unpaid, become enforceable against the property of the bankrupt, subject to the claims of creditors subsequent to the bankruptcy, ib, par. 2. Debts, other than preferential debts, to be pud pari passu, s. 32. Debts excepted from the operation of the act. See " Penalty ; " sum re- coverable summarily ; sum payable by trustee ; sum payable by an attorney ; debtors ; small debta. Debts not provable : 1. Demands in the nature of nuliquidated damages, arising otherwise than by reason of a contract or promise, s. 31i 2. Debts contracted after notice of act of bankruptcy to creditor, a. 31. Debts contracted prior to the Bankruptcy Act, 1861, by nouTtrader, not within the act, s. 118. Debts, proof of. See " Proof of Deits." Declaration of inability to pay debts to be in the prescribed form, and to be filed in the London Court, if the residence or business is within the district of that court, or, if elsewhere, in the proper county court, G. R. 16. Deeds, books, and documents of the bankrupt to be taken possession of by the trustee, s. 22. Deeds and instruments relating to the bankruptcy to be executed by the trustee, s. 25, par. 5. Defect or irregularity in the appointment of a trustee or inspector, not to vitiate any act bond fide done by him, a. 83, par. IS. Definition of terma, a. 4 ; 6. R. 1. Delegation of powers by courts prescribed, s. 67, G. R. 2, 3, 4. Departing ii-om dwelling house, an act of bankruptcy, when committed by a trader, s. 6. Departing out of England an act of bankruptcy, s. 6. Discharge of debtor in liquidation, to be granted by the creditors, s. 125, par 9. Discharge of debtor imprisoned under the Debtors' Act. See "Security." Distinct contracts, proof in respect of, against a bankrupt member of two or more firms, s. 37. Disclaimer of onerous property by trustee, sa. 23, 24 ; and see " Trustee." Diapoaition of the bankrupt's property in good faith, protected, o. 95. Disputed adjudication. See "Adjudication." Dividends : dividends muat be declared and diatribnted by the trustee, when the inspectors shall so determine : if not declared within six months, the truatee must afford a satisfactory explanation to a meet ing of creditors to be called by him for the purpose, a. 41. Dividends ; provision muat be made in calculating a diatribution of A A 2 348 INDEX. dividends for debts appearing due to persons at snot distance that they have not had time to prove, and for debts the subject of pending claims, s. 42. •Dividends : the trustee aad inspectors may declare a final dividend when they shall think it inexpedient to protract the bankruptcy, s. 44. Dividends : -where withheld, no action or suit to be against the trustee, but the court may order payment with interest and costs against the trustee, s. 46. Dividends : notice of to be gazetted by the trustee, and sent to each creditor, with an intimation of the amount due to him, Gr. R. 131, 132. Dividends may be sent to the creditor by registered post letter, or received by him at the office of the trustee, G. K. 133. Dividends, procedure to obtain under order of the court, if withheld by the trustee, G. K. 135. Dividends payable to secured creditors, procedure to determine, prescribed, s. 40, G. E. 136. Dividends unclaimed, a list of to be given to the creditors by the trustee, prior to his application for release, s. 51. Dividends, joint and separate. See " foini and Separate Dividends." Documents, production of, on summons under Debtors' Act, may be directed, Seg. Gen. 3. Dwelling-house, the departing from by a trader, an act of bankruptcy, s. 6. Dyers, within the act as traders, Schedule 1. E. EoOLESiASTioAL benefice, the bankrupt's right of nomination to, does not pass to creditors, s. 15, par. 4. Emolument, appropriation of to creditors. See " Pay." Evidence may be taken either viva voce on oath, or by interrogatories, or upon affidavit, or by commission abroad, s. 97, G. R. 49. Evidence viva voce may be taken, if the court or registrar at any public sitting or private meeting think fit, by a short-hand writer, or other person, upon specified terms, G. R. 207. Evidence of proceedings in bankruptcy : 1. Petition or copy of petition in bankruptcy ; 2. Order or copy of order by bankruptcy court ; 3. Certificate or copy of certificate by bankruptcy court ; 4. Deed or copy of deed of arrangement in bankruptcy ; 5. Instrument, affidavit, or document used in proceedings under the act or copy thereof respectively, under seal of the court or signature of a bankruptcy judge ; to be received in evidence in all legal proceedings whatever, s. 107. Evidence of proceedings at meetings of creditors to be the minutes caused to be entered in a book by the registrar or other person presiding, and signed by him, s. 106. Evidence : the order of discharge is sufficient evidence of the bankruptcy and of all proceedings under it, s. 49. Evidence of close of bankruptcy, publication of the order closing it in the ■Odeetle, s. 47. INDEX. 349 Bvidenoe. See " Witneai." Examiaation of bankrupt or of his wife, or of any person supposed in possession of any of the estate, or to be indebted to the bankrupt, or to be capable of giving information respecting the bankrupt, his trade, dealings, or property, may be directed by the court on the application of the trustee, s. 96. See " Oowrt," and " Witness." Examination : the examination, or a copy duly sealed, to be receivable in evidence, notwithstanding the death of the examinant, s. 108. Examination ordered by the court, bankrupt on failing to attend may be arrested by warrant, s. 86. Examination : reasonable expenses to be tendered to witness summoned for examination, s. 96 Examination of persons in Scotland or Ireland, may be ordered by a court of bankruptcy in England, s. 75. And see "Evidence." Executions against a debtor may be restrained by the court after the pre- sentation of a bankruptcy petition, s. 13 ; or after adjudication, may proceed as the court shall think fit, ib. Expense of registrar and his clerk, in attending meetings elsewhere than in court, to be paid out of the estate, or if this is insufficient, to be deemed part of the expenses of the court, s. 110 ; 3. B. 88. Expunging debts, regulated, G:. R. 73. Extension of time for service of debtor's summons or bankruptcy petition, need not be supported by affidavit, unless the court shall otherwise require, G. E. 64. False claim, or proo^ declaration, or statement of account, untrue in any material particular, the making of, wilfully and with intent to defraud, a misdemeanor, D. A., s. 14. False debts, the &andulent omission by bankrupt or debtor, to disclose • proof in respect of, a misdemeanor, D. A., s. 11, par. 7. False entries, with fraudulent intent, the making of in any book or docu- ment, a misdemeanor, D. A., s. 11, par. 10. False pretences or firaud, the obtaining credit by, a misdemeanor, D, A., s. 13, par. 1. False pretence of carrying on business in the ordinary way, fraudulently alleged by a trader, as a means of obtaining credit, a misdemeanor, D. A., s. 11, par 14. False representation, or fraud, the obtaining credit, by means of, a misde- meanor, D. A., s. 11, par. 13. False representation for purpose of obtaining consent of creditors to any agreement within the act, a misdemeanor, D. A., s. 11, par. 16. Farmer, not within the act as a trader. Schedule 1. Fees, scale of, for business done by any court or officer, under the act, to be prescribed from time to time by the Lord Chancellor with the sanction of the Treasury, s. 68 ; Gr. K. p. 144. May be imposed by stamp, or otherwise, at the discretion of the Treasury, ib. Collection, account- ing for, appropriation of, and any remuneration in respect of, to be directed by the Treasury, ib. Fees, in respect of committal under the Debtors' Act, ss. 5, 6, to be the same as now payable under Ca. Sa., Eeg. Gen. 5. 350 INDEX. Felony, committed ty any bankrupt or arranging debtor, who, pending the bankruptcy or arrangement, or "witbin four months prior, fraudulently absconds or seeks to abscond from England with property, divisible among his creditors to the amount of '201. or upwards : such felony punishable by imprisonment for not exceeding two years, with or with- out hard labour, D. A., B. 12. Fiat in bankruptcy, prescribed construction of the term with reference to adjudication under a bankruptcy petition, s. 119. Fictitious losses, the fraudulently attempting to account for property by means of, a misdemeanor, D. A., a. 11, par. 12. Filing a declaration of insolvency, an act of bankruptcy, s. 6. Fines and recoveries, the provisions relating to, of 74 Wm. 4, >:. 3 & 4, extended to bankruptcy, s. 25, par. 4. First meetings to be summoned by the court as soon as may be after adju- dication, s. 14 ; G. R. 89. May be held elsewhere than in court, Q. R. 87. Order to attend must be served on bankrupt, Gr. R. 90. First meetings must be presided over by registrar, or in his absence by an elected chairman, s. 16, par. 1. First meetings : no creditor to vote at, who has not proved his debt, ib. par. 1. What debts may not be proved, ib. par. 3, 4. Votes may be given either personally or by proxy, ib. par. 6. First meetings : ordinary resolutions to be decided by majority in value. Special resolutions by a majority in number and three-fourths in value, ib. par. 7, 8. First meetings may be adjourned by registrar, subject to the directions of the court, s. 84. Foreign attachment, the custom of, not affected by the act, D. A., s. 29. Formal defects or irregularities, not to invalidate proceedings, unless deemed by the court to be attended with substantial injustice, s. 82. Fraudulent concealment or removal of property, since (5f within two months before the date of an unsatisfied judgment or order for payment of money, a misdemeanor, D. A., n. 13, par. 3. Fraudulent conveyance, an act of bankruptcy, ». 6. Fraudulent gift, delivery or transfer of goods, a misdemeanor, D. A., s. 13, par. 2. Fraudulent preference : any transfer of, or charge upon property, payment made, obligation incurred, or any judicial proceeding taken or suffered by insolvent person, in favour of any creditor preferentially over the other creditors, fraudulent and void as against the trustee, saving the right of a purchaser, payee, or incumbrancer in good ■ faith and for valuable consideration, s. 92. Fuller, within the act as a trader, Schedule 1. Funds of the late Insolvent Debtors' Court, application of, B. E., s. 18. Dividends payable in respect of proceedings in that court, and not claimed within a specified period, to vest in the Treasury subject to a claim thereupon on the part of the creditor, ib. s. 19. G. Gaoler refusing to receive person committed under the act to pay a penalty not exceeding 100?., s. 77. General meetings of creditors, other than the first meeting, and other than •INDEX. 351 meetings directed by tlie court under s. 20, may be summoned by the trustee or one of the inspectors, and may be presided over by an elected chairman, s. 21, All creditors who have previously proved may attend and yote at these meetings, ib. General meetings, ordered by the court, to be summoned by the trustee upon receipt of a copy of the order from the registrar, by transmis- sion, seven days before the meeting, of a copy of the ordet to each creditor, a. 21 ; Q. K. 95. General meetings shall be deemed to have been duly held, nnless the con- trary be proved, upon production of the minutes required by the act to be kept of the proceedings thereat, s. 106. General meeting. See "First Meeting." General orders acted upon in bankruptcy procedure, prior to the act, to be observed until rules of court have been made under the act, and so far as such rules do not extend, s. 78 ; and see G. K. 319, General orders. iSee "Suhs of Cowrt," Goodwill, part of the estate, to be sold by the trustee, s, 25, par. 6. Grazier, not within the act as a trader, Schedule 1. H. Half- PAT, appropriation of to creditors. See "Pap." Hotel-keeper, within the act as a trader, Schedule 1. Honse of Commons, member of, within the act, s. 120, House of Commons, member of, if adjudged bankrupt, incapable of sitting or voting in the House for twelve months, unless, meanwhile, the bankruptcy is annulled, or the creditors fully paid and satisfied, s. 121, Debts disputed by the bankrupt to be considered as so paid or satisfied, on the bankrupt entering into bond to pay amount found due upon action, ib. House of Commons, member of, if within twelve months the bankruptcy not annulled and the debts not paid or satisfied, the court to certify the fact to the Speaker and thereupon the seat of the member to be- come vacant, s. 122. Provisions as to the issue of new writ by the Speaker thereupon, ss. 123, 12i. Imprisohment for debt abolished, with certain specified exceptions, D. A., s. 4. Imprisonment for debt under the act, limited to one year, D. A., s. 4, bnt not to affect in other respects the effect of any judgment or order of a court for payment of money, ib. Imprisonment for debt, not to extinguish the debt, or deprive the creditor of his rights against the debtor's property, D. A., s. 6. Imprisonment of small debtors under the act, ordered by a superior court, may be in the prison to which the debtor would have been committed on a writ of capias, and the order for such imprisonment to be issued, obeyed, and executed, in like manner as such writ, D. A., s. 5 ; applications for, must be by summons before a judge, Seg. Oen. 1. Income tax to be paid in priority to other debts, h. 32. 352 J3SfDEX. Income of bankrupt, other than official, an appropriation of, or of a por- tion of, for the benefit of the creditors, may be directed by the coart, s. 90. Incumbrancers in good faith, reservation of their rights in relation to trustee, ss. 92, 94. Indictment under the act need not set forth any debt or other proceeding in bankruptcy, D. A., s. 18. Inn-keeper, -within the act aa a trader, Schedule 1. Insolvency, the filing a declaration of, an act of bankruptcy, s. 6. Insolvent debtors, discharged under the Insolvent Debtors' Acts, saving of their rights, B. E. s. 7. Inspection of proceedings by creditors, s. 22. Inspection of proceedings under liquidation. See "Liquidation," and Gr. 0. 204. Inspectors, regulations in respect to, set forth, s. 83. Inspectors, their power to sanction mortgage of property, &c., under s. 27. See "Trustee." Inspectors, their quorum, if not otherwise settled by the creditors, to be three, Q. R. 129. Inspectors, resolutions of, to be decided by the majority in number pre- sent, G. K. 130. Inspectors. See " Committee of Inspection.'" Interest on debts provable, allowable in like manner and degree as allow- able by a jury in an action, o. 36 ; &. R. 77, 137. Interrogatories, written, may be used in the examination of witnesses, s. 97. Ireland exempted from the operation of the act, except where otherwise provided, s. 2 ; D. A., s. 2. Ireland, courts of bankruptcy in, available for enforcement of orders of English courts of bankruptcy, s. 73, and 6 converse, ib., and of warrants, u. 76. Isle of Man : warrants of an English court of bankruptcy may be enforced in the Isle of Man, s. 76. jr. Joint creditor of bankrupt, member of a firm, and of the other partners of the firm, or of any of them, may prove his debt for the purpose of voting at meetings of creditors, but shall not receive dividend out of separate property of the bankrupt until the separate creditors have been satisfied, s. 103. Joint and separate dividends, unless the court shall in any case otherwise direct, to be declared together, and the incidental expenses to be ap- portioned between them by the trustee, s. 104. Joint and separate estates under an adjudication to have distinct accounts kept of them respectively ; overplus of separate estate to be carried to the joint estate, overplus of joint estate to separate estate ; cost of the accounts to come out of the joint and separate estates respectively, Gf. R. 76. Judge : the signature of any judge acting under the act to be judicially noticed, s, 109. INDEX. 353 Judges of bankruptcy courts prohibited from acting directly or indirectly, , by themselves or partners, in any matter of bankruptcy pending in their several courts, under pain of dismissal, s. 69. Judges of local bankruptcy court may, on certificate, the creditors not objecting, transfer proceedings to the London Court, or to another local court, s. 80, par. 5 ; G. R. 82, 83, 84. Judge's order, by consent, to enter up judgment, or to issue execution, invalid, if not duly filed, with the affidavits as to consent, and as to residence and occupation of defendant, D, A., ss. 27, 28. Judicial notice to be taken of rules of court made under the act, s. 78. Jurisdiction of several bankruptcy courts defined, s. 59. Jurisdiction of county court judges, in bankruptcy, defined, s. 66. Jurisdiction of any one court, having original jurisdiction in bankruptcy, to extend, subject to the act, to every other such court, ». 80, par. 6. See "County Court." Jurisdiction, under the small debt sections of the act, given to the superior courts, may be exercised in chambers or otherwise, in the prescribed manner, D. A., s. 5. Jurisdiction conferred by an order of the court seeking auxiliary aid upon the court from which aid is sought, s. 74. Jury : as to the power of the Court of Appeal to try questions of fact by jury, s. 71. Jury, as to trial of questions of fact by, when directed by the London Court of Bankruptcy, or a county court, s. 72. Justices of the peace, on becoming bankrupts or arranging debtors, dis- qualified to act as justices until newly assigned, D. A., s. 22. Labourek, common, not within the act as a trader. Schedule 1. Landlord, his right to distrain defined, ss. 33, 34. Land tax to be paid in priority to other debts, b. 32. Last examination, day for, to be named by the court, s. 19 ; may be ad- journed by the court, ib. Lease, part of the estate, burdened with onerous covenants, may (subject to the limitation of time prescribed in s. 24) be disclaimed by the trustee, and shall thereupon be deemed as surrendered from order of adjudication, s. 28 ; subject to application to court by person in- terested, a. Legal process against a debtor may be restrained by the court after presen- tation of a bankruptcy petition, s. 13 ; or after adjudication, may proceed as the court shall think fit, ib. Letting for hire goods or commodities, a trading within the act. Schedule 1. Liability, the term defined, s. 31 : 1. Compensation for work or labour done. 2. Obligation to pay money, &c., on breach of any covenant, contract, agreement, or undertaking. 3. Any express or implied engagement, agreement, or undertaking, to pay money or money's worth. Lime- burner, within the act as a trader. Schedule 1. Liquidation by arrangement, regulations as to, a, 125. 354 moES. Liquidation to be deemed to commence from tlie appointment of a tmstee, B. 125, par. 4. liiquidation : the debtor to snmmon a meeting of bis creditors, wbo may- resolve to wind np bis affairs by arrangement and not by bankruptcy, and may appoint a trustee, with or without a committee of inspec- tion, s, 125, par. 1. Liquidation : provisions of the act relating to meetings of creditors, &c., in bankruptcy, to apply with certain modifications to liquidation ; every meeting to be presided over by an elected chairman, s. 125, par. 2. Liquidation : trustee may be appointed in liquidation as in bankruptcy, s. 125, par. 1 ; and have the same powers, and perform the same duties as a trustee in bankruptcy, s. 125, par. 4, 7. Liquidation of trustee : appointment equivalent to the presentation of a bankruptcy 'petition, ih., par. 7. Liquidation : the resolution, statement of affairs, name of trustee, and names ol inspectors, if any, to be presented to the registrar, who, if satisfied as to the regularity of the proceedings, shall register them, and when registered they shall be open for inspection, s. 125, par. 4. Liquidation : property to vest in trustee, and to be divisible, and to have the like protection, as to fraudulent conveyance, &c., as property in bankruptcy, s. 125, par. 5, 7. Liquidation : creditors may prescribe the bank into which the trustee is to pay money received, and the sum he may retain in his own hands, ib. par. 8. Liquidation : certificate by registrar of discharge of debtor to operate with the same effect as an order of discharge in bankruptcy, ib. par. 10. Liquidation : the court may on cause shown, convert liquidation into bank- ruptcy, s. 125, par. 12. Liquidation : release of trustee to be granted by creditors, s. 125, par. 9. Liquidation : trustee to report the discharge of the debtor, ib. par. 1 0. Liquidation, by arrangement, may operate as a stay of the proceedings in bankruptcy, s. 80, par. 10. Liquidation : rules of court may be made for regulating proceedings in liquidation, ib. par. 11. Liquidation : arrangement by, or composition with creditors, proceedings regulated under : — 1. Proceedings to be instituted by petition (in form No. 106) addressed to the court which would have jurisdiction in bankruptcy, Q-. R. 252, 253. Petition to contain statement of debts, G. E. 262, and to bear 11. stamp. Scale of fees, table A. 2. Afadavit to be filed therewith, in the form given by Schedule of Forms, No. 107, ib. 3. First general meeting to be held at place mentioned in affidavit, unless otherwise directed by the court, within a month, subject to direction otherwise by the court, Gr. K 254. 4. Meeting to be summoned by notice in form 108, G. R. 255. 5. Debtor to deliver to registrar the several notices required, signed, addressed, and stamped for post, -with request, (form 110,) bear- ing a stamp duty of 3d. for each notice, and list of creditors. Registrar to have notices checked with list, sealed, and posted, fourteen days before the meeting, to creditors, the person posting them to make affidavit of such posting, G. R. 256, 258. INDEX. 355 Liqaidation — continued. 6. Debtor to deliver to registrar (form 111) notice to be gazetted nt least seven days before the meeting, G. S. 257. 7. The court may by order in form 112, change place appointed for meeting, on application by debtor or a creditor, made in time to enable such change to be notified to the creditors and debtor, eight days, at least, before the meeting. Order to be gazetted. Ex- pense of order and of new notices to be borne as the court shall direct, and if not paid accordingly, notices not to be sent, and the meeting to be held as originally summoned, G. R. 259. 8. After presentation of the petition, the court may restrain, or regulate, further proceedings in any suit, &c., against the debtor, as to any debt proveable, and may appoint receiver or manager of the estate, subject to control of the court, and may direct immediate posses- sion thereof, G. R. 260, 261. 9. If no receiver or manager appointed by the court, the majority of the creditors may, prior to special resolution, appoint (form 113) such receiver or manager, and if one has been appointed by the court, he may be superseded by the subsequent nominee of the creditors. The nomination of creditors to be summarily con- firmed by the court, if debtor refuse to give to the receiver or manager possession or control of the estate, G. R. 262. Sig- nature of nomination paper regulated, ib. 10. Appointment of receiver or manager may be annulled by the court, by consent of the party nominating him, or on application by cre- ditors, or of its own motion, G. R. 263. 11. Receiver or manager to have custody of the books and effects, the boots to be open to inspection by debtor or creditors or their agents, G. R. 264, 265. 12. The debtor may be adjudicated bankrupt by the court, if it shall see fit, but proceedings under the adjudication to be stayed, to enable creditors to pass, within reasonable time, a special or ex- traordinary resolution in the matter ; if no such resolution be passed, the bankruptcy to proceed, G. R. 266, 267. 13. Chairman, at first general meeting, to be elected by majority of persons present, claiming to be or to represent creditors : at any subsequent meeting, by a majority in value of creditors who have proved their debts, G. R. 268. 14. Creditors may prove debts and appoint proxies as in bankruptcy, G. R. 269, 270. 15. Debts and proxies to be handed to the chairman, and objections thereto to be marked thereon, and to be dealt with by the re- gistrar, when the resolution is presented to him for registration, G. K. 271. 16. Secured creditor, who has not realized security, to prove and vote only in respect of balance, after deducting amount of value which he sets upon the security ; in cases of liquidation, the trustee entitled to surplus over assessed value, or to redeem the security on payment of such assessed value. The creditor not entitled to increase his proof, if the value below his assessment, G. R. 272. 17. Creditor at meeting may withdraw proof, without prejudice to his subsequently proving it, G. R. 273. 356 INDEX. Liquidation — continued. 18. Debtor to produce to meeting, statement of debts and assets, with names and addresses of creditors, those under 101. being in a, separate list, G. S,. 274. 19. Creditors may determine whether the affairs of the debtor shall be liquidated by arrangement and not in Bankruptcy, or by composi- tion, or may reject either mode. If the registration of the reso- lution and the debtor's statement of affairs, be not intrusted to an appointee of the creditors, the debtor himself to register ; any resolution not reduced into writing and sigaed by the statutory majority, not to be recognised by the court, G. K. 275. 20. Chairman to deliver forthwith to such appointee, or to the debtor, as the case may be, all proofs and proxies received at the meeting, and the statement of affairs, and in default may be summoned before the court, G. K. 276. 21. In liquidation, if no trustee appointed, a subsequent meeting to be held for the purpose not later than a week thereafter, of which meeting notice need not be given to the creditors, G. E. 277 ; the creditors may determine at the meeting what security, if any, shall be given by the trustee, and what remuneration, if any, he shall receive, or they may leave his remuneration to the committee of inspection, or a subsequent general meeting, ib. 278. 22. In composition, the creditors to specify (form 116) the amount of the composition and the manner of payment, and may name a trustee for its receipt and distribution, G. R. 279 ; or may accept securities for composition, ib. 280 ; the resolution may provide that the terms be embodied in a deed with such covenants for payment, protection of debtor, and release, and otherwise, as may be deemed expedient, ib. 281. 23. In composition, the resolution at first genei'al meeting to be sub- mitted to a second general meeting, within not exceeding fourteen days, of which notice (form 117) shall be given, in manner pre- scribed, G. &. 282 ; and at such second meeting the creditors may either accept the composition or convert the matter into liquidation, ib. 283. 24. Besolutions of creditoi-s, together with proofs, proxies, and state- ment of affairs, to be filed in court within three days, and to be verified as being the whole of the proceedings at the meeting, G. K. 284. 25. Where petitions are by partners, separate meetings of joint and separate creditors must be held, the joint creditors' meeting to take place first : the proceedings and powers of the different classes of creditors regulated, G. R. 285, 286. 26. Debts to include debts for which debtor is responsible jointly with other persons ; the majority in such cases to be the collective majority of both classes of creditors : the resolution may provide for composition to separate creditors without prejudice to rights of the joint creditors, G. R. 287. 27. The creditors may transfer the proceedings to another court, G. B. 288. 28. In liquidation, creditors, though without notice of meeting restrained INDEX. S57 Liquidation — eontinued. from proceedings against the dettor unless the court shall he of opinion that their rights have been prejudicially affected by the resolution, or that the dividends would be larger in banlsruptcy, G. R. 289. 29. In liquidation superseded by bankruptcy, trustee to pay over and account to bankruptcy trustee, estate in his hands, and if divi- dends have been paid to some of the creditors under liquidation the court to make order appropriating estate so as to make equal distribution among all the creditors, G. B.. 290. 30. In liquidation proper costs of proceedings prior to resolution, to be paid out of the estate in like manner as costs of a petitioning creditor in bankruptcy, G. E. 291. 31. If liquidation or composition converted into bankruptcy, cost of proceedings therein to be paid by bankruptcy trustee out of estate unless the court shall otherwise direct, (j. E. 292. 32. Majorities at meetings, in absence of any enactment to the contrary, to be the majority in value present, (J. K. 293. 33. Eesolutions at a meeting valid, though the meeting thereafter ad- journed for other purposes, Q. K. 294. 34. Eesolutions tendered for registration to the registrar, to be ex- amined by him, and any creditor, who has given notice of such intention, may be heard thereon ; the registrar, if satisfied as to the requisites, to register the resolution, and seal it, and in cases of liquidation, deliver to trustee a certificate, in form 121. If the registrar refuse to register, he must certify the grounds of his refusal by memorandum, and file the same. The registration, or the refusal, subject to appeal to the court, G. E. 295. 35. Besolution and statement when registered, open to inspection by creditor included in statement, or his agent, G. E. 296. 36. Eeceiver or manager to vacate, on appointment of trustee in liqui- dation, or when extraordinary resolution passed, in composition, unless the resolution shall otherwise provide, G. E. 297. To pay over estate received to trustee, or to debtor or his nominee as the case may be, ib. 298. 37. The court to have the same power as to appointment, remuneration, and removal of receiver or manager, the settlement of his accounts, and the appropriation of monies, &c. in his hands, as is exercised by the Court of Chancery, G. E. 299. 38. Informalities in proceedings not to vitiate them, unless the registrar shall deem them of such moment, that the matter should be re- ferred to the judge, G. E. 300. 39. In liquidation, the passing of a special resolution, conclusive evidence that the debtor has fulfilled the requisite conditions, but the debtor shall still give information on all points to the trustee, or, in default, be summoned before the court, G. E. 301. 40. In liquidation, creditors may, at the same time with resolution, resolve (form 122) whether the debtor's discharge shall be granted forthwith, or at a future time, and with or without conditions. In default of such resolution for discharge, a meeting to be sum- moned thereafter for the purpose, at the discretion of the trustee, or inspectors, or creditors as the case may be, G. E. 302, 303. 358 INDEX, Liquidation — continued. 41. freneral meetings summoned by trustee, to be upon seven days' notice by post to each creditor who has proved, G. B. 304. 42. Greneral meetings may be summoned by a creditor representing, In- cluding himself, one-fourth in value of the creditors who have proved, G. R. 305. 43. Mistakes inadvertently made by a debtor in his statement of debts, may be corrected with the assent of his creditors, at a meeting to be summoned by him for the purpose, G. R. 306. 44. Trustee may be removed by creditors and another appointed in his place. If trustee be dead, or there be none acting, the creditors may appoint one, G. K. 307, the appointment to be registered with the registrar, whose certificate is to bo conclusive evidence, ib. 308. 45. Creditors in foreign parts, without timely notice of meeting, may show cause to the court against the resolution, though registered, but the court will not inferfere unless it be shown that the creditors, if present, and dissenting, could have negatived the resolution, or that its terms are unjust or inequitable towards them, G. R. 309. 46. Proof of debt, conclusive evidence of notice of meeting having been given to the creditor, G. R. 310. 47. Debts must be proved prior to payment of dividend thereon, G. R. 311. 48. In liquidation, seven days, at least, notice of dividend to be gazetted (form 125) ; dividend to be reserved upon all debts or claims notified upon such notice, or inserted in the debtor's statement, except, in the latter case, where any such debt or claim has been rejected, G. R. 312. 49. Trustee registering claim or proof, to give notice (form 126) to claimant : if, within fourteen days of delivery of notice, the claimant, being resident in Europe, or within such time, in other cases, as the court shall order, does not appeal against the decision, the rejection to be conclusive, G. R. 313. 50. Dividends, except as before mentioned, only payable to creditors who have proved or claimed prior to dividend, or whose names appear on the debtor's list : later creditors only admissible to further dividend, G. R. 314. Livery stable keepers, within the act as traders. Schedule 1. Local bankruptcy court, defined to be the county court, within which the debtor resides or carries on business, s. 69. Local rates, to be paid in priority to other debts, s. 32. London Bankruptcy Court, to consist of a Chief Judge, and, subject to the provisions of the act, of such number of registrars, not exceeding four, and of such clerks, ushers, and other subordinate ofiScers as the Chief Judge, with the sanction of the Treasury, may determine, s. 61. London bankruptcy court to continue a court of law and of equity, and a principal court of record, s. 65., London bankruptcy district to comprise the city of London and the liberties thereof, and the several districts of the Metropolitan County Courts, as defined in Schedule 2 to the act, s. 60, INDEX. 359 Lord Chancellor may nominate commissioners and other persons abolished under the act, to other suitable offices of not less value than their compensation allowance, s. 134 ; commissioner or other person re- fusing to accept the office, or not performing its duties, to forfeit his pension, ib. Lord Chancellor, with the advice of the Chief Judge, may from time to time make, revoke, and alter, roles of court for the effectaal execution of the act, s. 78. Lord Chancellor may from time to time exclude any county court from jurisdiction in bankruptcy, or attach its district or districts, for the purposes of such jurisdiction, to any other county court or courts, a. 79. ; and see Order in pursuance hereof, ante, p. 809. M. Majobiiies at meetings of creditors, determination of, prescribed, s. 16> par. 7, 8. Majorities on special resolutions in liquidation, in calculating, creditors under 101. to be included by value and not by number, o. 125, par. 14. Manager of debtor's business, as to appointment of, before adjudication, 8. 13 ; G. R. 33. Market Gardeners, within the act as traders, Schedule 1. Masters of the Court, their duties as to taxation of bills specified, G. K. 223 ; the office to be at the court in Basinghall-street, and to be open daily from ten to four, except when the office of the Chief Registrar is closed, ib. 224 ; the business to be transacted by them in person, ii. 225. Mayors of towns, on becoming bankrupts or arranging debtors, disqualified to hold office, D. A., s. 21. Meetings of creditors : first meetings may be held elsewhere than at the court, on the application of a creditor, supported by affidavit showing benefit to the estate by such arrangement, and upon deposit of 32. for expenses of registrar and clerk attending the meeting, G. K. 87, 88. Meetings of creditors to be summoned by registrar, after adjudication made, and advertised in the Gazette and in a local paper, and to be notified to the bankrupt, G. K. 89, 90. Meetings of creditors not attended by a quorum, incompetent to transact other business than the election of a chairman, the proving of debts, and adjournment, G. R. 93. If at adjourned meeting, there is again no quorum, the registrar to report such fact to the court under s. 84, G. R. 94. Meetings of creditors, all proceedings at, valid, unless the court shall other- wise direct, ■ though some of the creditors have not received notice thereof, provided such notice has been duly posted, G. R. 97, 98. Meetings of creditors under s. 96, procedure to obtain, prescribed, G. E. 171 ; as to attendance of witnesses at, G. R. 166-170. Meetings of creditors summoned by trustee, to be summoned by notice to each creditor, of the meeting and its purpose, G. R. 95. Meetings of creditors : a copy of every resolution passed at any meeting, to be sent by the trustee to the registrar, G. R. 75. Meeting of creditors to accept composition by bankrupt, or settlement out of bankruptcy, authorizedi >i. 28. 360 INDEX. Merchandize, persons using the trade of, by way of bargaining, exchange, bartering, or otherwise, within the act as traders. Schedule 1. Messengers and other officers of the old London Court, transfen'ed to the new London Court, subject to directions otherwise by the Lord Chan- cellor, s. 129. Messengers to be attached, until released or their office abolished, to such of the registrars and to perform such duties, as the Chief Judge shall direct. &. E. 221. Metropolitan County Courts district, as defined in Schedule 2 to the act, comprised, for the purposes of the act, within the London Bankruptcy District, ss, 59, 60. Metropolitan County Courts district defined : The Bloomsbury County Court of Middlesex. The Bow County Court of Middlesex. The Brompton County Court of Middlesex. The Clerkenwell County Court of Middlesex. The Lambeth County Court of Surrey. The Marylebone County Court of Middlesex. The Shoreditch County Court of Middlesex. The Southwark County Court of Surrey. The Weatminster County Court of Middlesex. The Whiteohapel County Court of Middlesex. Schedule 2. Millers, within the act as traders. Schedule 1. Minutes of proceedings at meetings of creditors, signed by the registrar or other person presiding, to be evidence of such meetings, s. 105. Misdemeanor by bankrupt, punishable with two years imprisonment, and with or without hard labour, defined, D. A., s. 11 : 1. Non-discovery, with fraudulent intent, of property, and its dis- position. 2. Non-delivery up, with fraudulent intent, of property. 3. Non-delivery up, with fraudulent intent, of books, documents, papers and writings, relating to his property and af^irs. i. Concealment, with fraudulent intent, of property, to the value of 101. or upwards, or of debts due to him. 5. Removal, with fraudulent intent, of property, to the value of 10^ or upwards. 6. Omission, with fraudulent intent, in any statement relating to his affairs. 7. Withholding information of any false debt which he knows or believes to have been proved against his estate. 8. Preventing, with fraudulent intent, the production of any books, documents, papers, or writings, affecting or relating to his property or affairs. 9. The concealment, destruction, mutilation, or falsification, by him- self, or by others with his privity, and with fraudulent intent, of any book or document affecting or relating to his property or affairs. 10. The making, by himself, or by others with his privity, and with fraudulent intent, of any false entry, in any book or document relating to his property or affairs. 11. Parting with, altering, or making omission in, with fraudulent intent, documents relating to property or affairs. INDEX. 361 Misdemeanor — continued. 12. Attempting to account for property by fictitious losses or expenses. 13. Having obtained property on credit, by false representation or other fraud, and not haying paid for such property. 14. A trader, haying, with fraudulent intent, obtained credit on the false pretence of carrying on business and dealing in the ordinary tray of his trade, and not haying paid for the same. 15. A trader, with fi-auduleut intent, pawning, pledging, or disposing of goods, otherwise than in the ordinary way of trade, and not having paid for the same. 16. False representation, or other fraud for the purpose of obtaining consent of creditors to agreement with reference to his affairs, or his baji^ruptcy, or liquidation. Misdemeanors within the Bankruptcy Act pnnishahle hy one year's im- prisonment, with or without hard labour, defined, D. A., ». 13 : 1. The obtaining credit by false pretence or fraud. 2. The fraudulent gift, delivery, or transfer of, a charge upon property. 3. The fraudulent concealment or removal of property since, or with- in two months before, the date of any unsatisfied judgment or order for payment of money. 4. The making of any false claims, or any proof, declaration, or statement of accounts untrue in any material particular, wilfully and with intent to defraud, D. A., s. 14. Misdemeanors within the act to be deemed within and subject to the pro- visions of the Vexatious Indictment Act, in relation to the discretion of justices as to evidence of guilty intent, D. A., s. 16. Moneys received by trustees to be forthwith paid into such bank as the creditors appoint, or failing such appointment, into the Bank of England, s. 30; and see "Trustee." Mortgage property, as to taking accounts and sale of, G. E. 79, 80, 81. Mortgage or pledge of estate, to enable payment of debts, may be made by the trustee with the sanction of the inspectors, s. 27, par. 1. Motions to be made and petitions heard, in the order in which they are set down, at the sitting of the court ; but motions by the bar to have precedence over those by attorneys, G. R. 57. Motions, notice to parties affected by order sought, to be given, G. R. 50. Motions, short note of, to be given to the registrar, Gr. B. 56. N. NoiiOES, summonses, orders, and rules in matters depending in thecourt, and not requiring personal service, service of copies of, upon attorneys and solicitors, to or at the place of abode or business entered by them in the roll of attorneys in the chief registrar's office, sufficient service, (J. R. 216. If no such entry made, the fixing tip such notice, &c., in the chief registrar's office, sufficient, ib. Notice of act of bankruptcy, effect of upon creditors as to mutual credits, &c., s. 39. Notice to parties affected by a motion, to be given them four clear days before the hearing, Gr. E. 50 ; as to service of notice of motion, &c., ib. 61 ; as to notice by substituted service, i6. 53. Non-payment after debtor summons, an act of bankruptcy, s. 6. B B 362 INDEX. 0. Oath on the proof of debts, may be administered by the trustee, h. 25. Office copies, by whom to be made, Gt. R. 222. Official assignees, transferred to the new London Court, subject to direction otherwise by the Lord Chancellor, b. 129. Official assignees and their clerks to be attached, until released or their office abolished, to such of the registrars, and to perform such duties, as the Chief Judge shall direct, Q. K. 221. Officers, registrars, or others, abolished under the act, may be appointed by the Lord Chancellor to any office under the act, of equal or greater salary than their superannuation allowance at the time ; and upon refusal to accept the office, or neglect, being in competent health, to perform its duties, to forfeit their superannuation, unless they shall satisfy the Lord Chancellor that the office is not snitable to their posi- tion, 3. 134. Officers of bankruptcy courts, prohibited from acting, directly or indirectly, by themselves or partners in any matter of bankruptcy pending in the courts, under pain of dismissal, subject to reinstatement by the chief judge, o. 69. Officers, clerks, and servants of comptroller, tenure and salaries of, a. 65. Official solicitors. See "Solicitors." Omission, fraudulent, in statement of affairs, by bankrupt or debtor, a misdemeanor, D. A., ». 11, par. 6. Onerous property, disclaimer of by trustee, see ss. 23, 24. " Order or disposition," goods and chattels of other persons in the posses- sion, order, or disposition, of a bankrupt trader, and of which he is re- puted owner, pass to the creditors, s. 15, par. 5. Order of the chief judge to be equivalent to judgment in common lavr or decree in chancery, s. 65. Order of county court judges, in bankruptcy, enforceable as decrees of the Court of Chancery, in manner prescribed, s. 66. Order of an English court of bankruptcy enforceable in Scottish or Irish courts of bankruptcy, s. 73. Order of discharge may be applied for by the bankrupt, s. 48 : 1. Upon the close of the bankruptcy. 2. At any time during the bankruptcy, with the assent of the creditors. 3. Application for, must be in open court, G. E. 6. Order of discharge, procedure of bankrupt to obtain, prescribed, G. E. 138, 142; not to be granted until after public examination, (J. K. 140. Order of discharge, to be dated of the day on which made, and to take effect from the day of its date, and to be gazetted, G. R. 139. Order of discharge not to be delivered out until after expiration of time limited for appeal, or until the decision of the court upon an anneal. G. E. 141. Order of discharge may be suspended, or wholly withheld : 1. If the court is satisfied that the bankrupt has not given up his property. 2. If a prosecution has been commenced against the bankrupt under the "Debtor's Act, 1869," s. 48. INDEX. 363 Order of discharge cannot be granted, unless : 1. Eitber a dividend of ten shillings in the pound has heen paid, or might have been paid, but for the negligence or fraud of the trustee. 2. Or unless the creditors hare by resolution declared the failure to pay such dividend or the bankruptcy itself, to have been the re- sult of circumstances, for which the bankrupt cannot be .held re- sponsible, and that they desire him to receive hia discharge, s. 48. Order of discharge releases the bankrupt from all his debts, except : 1. Debts or liabilities incurred, or forborne by means of fraud or breach of trust. 2. Debts due to the cro-«rn, or incurred by any offence against the Revenue Laws, or as bail for another person who has committed such offence ; unless in either case the Treasury shall consent to the discharge, s. 49. Order of discharge : the order is conclusive evidence of the banki'uptcy, and of the validity of all proceedings under it, and of the release of the bankrupt from his debts, s. 49. Order of discharge : after close of bankruptcy, and payment of ten shil- lings, procedure to obtain, prescribed, Gr. K. 172, 173. Order of discharge : to be granted by the court, upon proof that the requisite amount has been paid, G. E. 175. Order of discharge, does not release partner of bankrupt, or person jointly bound with him, or a co-contractor, s. 50. Order to show cause, to be served on the party four clear days prior, Q. E. 51, Orders of the court, as to service of, G. E. 51. Outstanding property, a list of, on close of bankruptcy, to be delivered by the trustee, s. 52, and to be got in and applied for in manner pre- scribed, ib. Packers, within the act as traders. Schedule 1. Parochial rates, to be paid in priority to other debts, s, 32. Parliament : a person having privilege of parliament, within the act, s. 120. Parting with, altering, or making omission in any document relating to the estate or affairs, with fraudulent intent, a misdemeanor, D. A., a. 11, par. 11. Partner of bankrupt, his position in relation to actions and suits by trustee, b. 105. Partner, his release of debt or demand due to himself and bankrupt, and the subject of any action, void, s. 105 ; upon disclaiming any benefit from any action or suit by trustee, indemnified from costs, ib. Partner not released by order of discharge, a. 50. Partners, one or more of several, may be petitioned against, without in- cluding the others in the petition, s. 100. Petition may be dismissed as against one or more partners, without prejudicing it as against the others, s. 101. Partnership, association, or company, member of one which cannot be adjudged bankrupt under the act, not a trader within the act, Schedule 1. BB 2 364 INDEX. Partnerships within the Companies Act, exempt from the Act, 1869, s. 6. Partnership accounts by partners, bankrupts, directed, Q-. K. 91. Pay, half-pay, salary, emoluments, or pension, of military or civil servants of the crown, in such proportion as the court, with the sanction of the department to which they may respectively belong or have belonged, may direct, available for the payment of their debts, s. 89. Payees, in good faith, reservation of their rights, in relation to trustee, ss. 92, 94. Payment of debts from bankrupt without order of discharge, after expira- tion of three years, mode of enforcing, prescribed, Gr. K. 183, 184, 185. Payment of money, all orders for, to be sealed, signed by rregistrar, and filed, (J. E. 187. Payments to bankrupt in good faith and for value received, before adjudi- cation, and without notice of act of bankruptcy, protected, s. 94, par. 1, and ss. 80, 95, par. 1 ; payments or delivery made in like manner of money or goods, belonging to bankrupt, by depositing of such money or goods, it. ; so, any contract or dealing made with the bank- rupt by any person before adjudication, and without notice of an act of bankruptcy, ib. Payments due at stated periods, other than that of the order of adjudica- ■ tion, provable in proportionate part up to the adjudication, s. 35. Pawning or pledging goods, or disposing of goods otherwise than in the ordinary way of trade, with fraudulent intent, a misdemeanor, D. A. , s. 11, par. 15. Penalty, or sum in the nature of penalty, other than in respect of contract, excepted from the operation of the act, D. A. , s. 4. Pending business, in the old London court and in the country district courts, directions to be given by the Lord Chancellor for winding up, s. 129. Pension, appropriation of, to creditors. See "Pay." Person. This term to include a body corporate, s. 4. Person jointly bound with bankrupt, not released by order of discharge, s. 50. Personal attendance of petitioner or witnesses, may be dispensed with, G. R. 40. Petitions. See "Motions." Petitioning creditor must be identified to the satisfaction of the registrar, Q. R. 28 ; to file, &c., petitions at his own cost, up to choice. Or. B. 31. Petitioning creditor's debt, its nature prescribed, s. 6. Petitioning creditor's debt, single or aggregate, must be not less than 502., s. 6. Possession of debtor's property or business may be ordered by the court to be taken after presentation of a bankruptcy petition, ss. 13, 17. Post letters addressed to the bankrupt may be directed by the court to be sent to the trustee, o. 85. Powers of the courts exercising jArisdiction in bankruptcy defined, s. 72. Powers of the courts. In the exercise of these powers, the courts not to be restrained by the order of any other court, nor any appeal to lie against their orders, except in manner directed -by the act, s. 72. Powers of attorney relating to the bankruptcy to be executed by the trus- tee, 3. 25, par. 5. INDEX. 365 Practice in bankruptcy, prior to the act, to te observed until rules of court have been made under the act, and so far as such rules do not extend, s. 78; and see Q. R. 319. Preferential debts specified, ss. 32, 33, 34, 36 : 1. Parochial rates. 2. Local rates. 3. Assessed taxes. 4. Land tax. 6. Property tax. 6. Income tax. 7. Wages. 8. Salary. 9. Claim of articled clerk or apprentice. 10. Rent. "Prescribed." Definition of the term, s. 4^ D. A., s. 10. Principles of procedure in bankruptcy matters, acted upon prior to the act, to be observed until rules of court have been made under the act, and so far as such rules do not extend, s. 78 ; and see G. R. 319. Priorities of payment in relation to preferential debts, s. 32. Priorities of payment, all questions as to, to be decided by the court, s. 72. Privilege of Parliament does not exempt a member from liability to bank- ruptcy, s. 120 ; and see " Parliament;" "House of Commons, Mem- lerof." Proceedings in bankruptcy regulated, s. 80. See " Bamkrwptcy Petition,' "Transfer of Proceedings" "Jurisdiction of Court," "Proof," "Proxy," " Death of Bwnkrupt," " Stay of Bankruptcy." Proceedings in bankrnpt<^. Minutes of all proceedings at meetings of creditors to be made and kept by jjhe trustee, and to be open to in- spection by creditors, u. 22. Proceedings in bankruptcy, stay of. See "Stay of Proceedings." Proceedings in bankruptcy not to be invalidated by any formal defect or irregularity, unattended with substantial injustice, s. 82. Proceedings in matters under the act to be in, or be framed in, accordance with the forms set forth in the schedule, G. B. 7 ; to be, as the rule, printed or written on paper or parchment of a prescribed size, but informality not to vitiate, JJ. 8 ; to be sealed, ib. 10. Proceedings to remain of record in the court, and not to be removed ex- cept for use by the court, or by direction of a judge or registrar, but to be open to inspection by trustee or creditor who has proved, ib. 9. Proceedings, ofiBce copies of, to be provided by the officer in prescribed manner, G. R. 12, 222. Proceedings : notices and other proceedings not requiring personal or special service, may be sent by prepaid post-letter, G. R. 14. Process, as to service of, G. R. 58. Proof of debt may be by affidavit, transmitted to registrar or trustee, G. E. 67 ; may be either by the creditor or by agent or clerk, ib. 68. Proof of debt before trustee prescribed, s. 25, par. 1, s. 31. Proof of debt to be examined by trustee, who may reject or admit it, in whole or in part, at once or upon further evidence, giving notice to creditor of rejection, G. K. 72 ; and subject to appeal to the court, ib. 74. 366 INDEX. Proof of dett : if debt improperlj admitted, the trustee may apply to the court to expunge it, G. K. 73. Proof of debt : list of proofs admitted, or rejected, or pending, to be sent monthly by the trustee to the registrar, G. R. 75. Proof of debt : as to proof of debt by separate creditor, &. K. 76. Proof of debt may be : 1. At any duly summoned meeting of creditors. 2. By transmision, in prepaid post letters, to the registrar acting as trustee, or the trustee himself, as the case may be, of an affidavit of the debt, and may be made by creditor or his clerk or agent, G. R. 67. Proof of debt by corporation may be by agent duly authorised under its seal, s. 80, par. 7 ; G. E. 69. Proof of debt may be disallowed by registrar acting as trustee, at first meet- ing, G. R. 70. Proof of debt allowed or disallowed by the trustee to be filed with the registrar, G. R. 71. Proof of debt in respect of distinct contracts, s. 37. Proof of debt in respect of rates and taxes, s. 32. Proof of debt in respect of rent, ss. 3i, 35. Property tax to be paid in priority to other debts, s. 32. " Property," definition of the term, s. 4. Property vests in the registrar until a trustee is appointed by the creditors, and then in .such trustee, s. 17. Property to pass from trustee to trustee, including the registrar, and to vest in trustee without conveyance, assignment, or transfer, s. 83, par. 6. Property upon adjudication, becomes divisible amongst creditors, s. 14 ; except as to particulars specified in s. 15, par. 1, 2, 4. Property, disposition of, by conveyance, transfer, charge upon, delivery or payment of, made by bankrupt before adjudication, in good &itb, and for valuable consideration, to person not having notice of act of bank- ruptcy, valid, notwithstanding previous act of bankruptcy, s. 95. Property in hands of other persons as agents, and not by law retainaUe by them to be delivered over to the trustee, s. 93. Property concealed elsewhere than in bankrupt's house, may be sdized under search warrant, s. 99. Property of an unsaleable nature may (subject to the limitation of time in ' particular cases, prescribed by s. 24) be disclaimed by the trustee, k. 23 : subject to application to the court as to possession by ihe perscn interested, H. ; and to proof by such person for amount of injai; ^is- tained by disclaimer, ib. Property after annulling the bankruptcy may rest in such person as the court shall appoint, or revert to bankrapt, as the court diiecu^ s. 81. Property, the withholding of, by bankrupt, a contempt of court, s. 19. Property, the fraudulent non-discovery, non-ddivery up o^ ccoceajneut or removal of, by bankrupt or debtor, a misdeameanor, X>. A., s. 11, par. 1, 2, 4, 5. Proportionate payments, as to proof in respect o^ s. 35. Prosecution of bankrupt or debtor, for any offence under the act, may be directed by the court upon the report of the trustee, or upon the representation of a creditor or an inspector, D. A., & 16. INDEX. 367 FrosecatioD, expenses of, to be allowed, paid, and borne in like manner ■with those of prosecutions for felony, D. A., s. 17. Frosecution for offences against the act, and also against any other act, or against the common law, must be under the one act or the other, so that the person shall not be punished twice for the same offence, D. A., B. 23. Frotectlon of certain transactions with bankrupt, specified ss. 94, 95, and see "Payments to Banhrtiipt." Frovisional assignee of the late insolvent debtors' court, continuance of his ofdce, and provision as to any vacancy, B. li., e. 8, to be also receiver of the insolvent court, ib., s. 9 ; his salary to continue, ib. o. 11. Froxy may be appointed by a creditor fully to represent him for all pur- poses of the act, s. 80, par. 8 ; s. 16, the appointment to be in writing, under the hand of the creditor, or agent of the corporation, as the case may be, Q. R. 85 ; must be filed with the trustee at the meeting at which first used, I'i. 86. Public examination, the registrar to appoint a day for, not less than 40 days from first meeting, unless the registrar shall otherwise direct, G. K. 96. Fublic examination must be held in open court, Gr. K, 5. Punishments under the act not cumulative, D. A., s. 23. Purchasers in good faith, reservation of their rights in relation to trustee, ss. 92, 94. QuABTEK sessions to have jurisdiction in respect of offences under the act, D. A., s. 20. Questions of fact, as to trial of, under direction of the court of appeal, by jury, issue, or otherwise, s. 71 ; as to trial of, before the other courts acting in bankruptcy, s. 72 ; and see Gr. R. 190—203. ' Quorum of creditors at any meeting, prescribed, Gi-. B. 93. Quorum of committee of inspection to be fixed by resolution of creditors, s. 83, par. 11. Quorum of inspectors, unless otherwise settled by the creditors, to be three, G. E. 129. R. Eboeipi by trustee for money paid to him an effectual discharge for the person paying it, s. 25, par. 7. Receiver may be appointed by the court after presentation of bankruptcy petition, s. 13; G. R. 33. Receiver, or manager, on appointment of trustee, to pass his accounts with him, G. E. 104. "Registrar," definition of the term, s. 4 ; G. E. 1. _ Registrars of the old London Court transferred to the new London Court, subject to direction otherwise by the Lord Chancellor, a. 129 ; their duties there prescribed and limited, ib. 368 INDEX. Eegistiars appointed by the Chief Judge, to have such salaries as the Chief Judge, with the sanction of the Treasury, may determine, s. 63, and to perform such duties as the Chief Judge shall assign to them with the assent of the Lord Chancellor, s, 64. Kegiatrars, officers, or persons appointed under the act, other than regis- trars, &c., in office at the time of the passing of the act, to receive super- annuation on retirement, under the Superannuation Act, 1859, s. 136. Eegistrars, sutject to the provisions of this act, limited to not exceeding four in numher, and to be appointed and be renewable by the Chief Judge, s. 62. Eegistrars, clerks, and other persons, in office at the passing of the act, and who may be continued in their offices, to receive, on retirement, the superannuation to which they would have been entitled if the act had not been passed, s. 136. Eegistrars of the London Court may act for each other, G. R. 211. Eegistrar acting in Quality Court, to be the registrar of appeals in Chancery, and before the Chief Judge, Gr. E. 212 ; and on trials by jury, G. E. 200. Eegistrar incapable of being elected a member of the House of Commons, s. 69 ; may not, by himself or partner, directly or indirectly, or in any stage of the proceedings, act as attorney or solicitor in any bank- ruptcy in the court of which he is registrar, on pain of dismissal, subject to reinstatement by the Chief Judge. Eegistrars, their signature to be judicially noticed, s. 109. Registrars, provision for their expenses when presiding at meetings else- where than in court, s. 110 ; G. E. 88. Eegistrars, their jurisdiction within each district defined, s. 83, par. 9. Eegistrar may act by delegation for Chief Judge, or for County Court Judge, as the case may be, s. 67 ; G. E. 2, 3. Eegistrar may, under delegation from the Chief Judge, or a local Judge, exercise all the powers vested in such judges, except that of com- mitment, G.JE. 2, 3. Eegistrar, in the London Court of Bankruptcy, may determine matters in court or in chambers, on hearing attorneys or solicitors, without the intervention of counsel, s. 70. Eegistrars, their duties on presentation of a bankruptcy petition. See "Bankruptcy Petition," "Adjudication." Eegistrar to act as trustee until a trustee is appointed by the creditors, ». 17 ; and as such trustee to act when requisite under the direction of the court, ib. ; and not without such directions to take possession of property, ib. ; the certificate of his appointment conclusive evidence. _ s. 18 ; G. E. 46. Eegistrars : the property of the bankrupt to vest in them when acting as trustee, s. 83, par. 6. Eegistrar acting as trustee, may sell perishable property, G. E. 103. Eegistrar, if there be no trustee during the continuance of a bankruptcy, to act as such, s. 83, par. 3. Eegistrar, as trustee, need not give security, Q. E. 128. Eegistrar : audit of accounts as trustee, prescribed, ib. Eegistrar, on receiving affidavit as to disputed debt under s. 9, to appoint a day for the Bearing before the judge, and to give notice of such appointment to creditor and debtor, G. E. 36. INDEX. 369 Registrar to summon first meeting, and advertise it in the Gazette and a local paper, G. R. 89 ; when a quorum is not present at an adjourned meeting, to report the fact to the court, ib. ; to appoint a day foi- the public examination of the bankrupt, G. R. 96. Registrar to preside over first meetings of creditors, s. 16, par. 1. Registrar may, acting as trustee at first meeting, disallow proofs of debt, G. R. 70. Registrar, when presiding at meetings of creditors, to cause miuutes to be kept, and entered in a book of all resolutions and proceedings at the meeting ; such minutes, when signed by him, to be evidence in all legal proceedings, s. 106. Registrar, under direction of the court, may adjourn the first meeting, s. 84. Registrar, on appointment of trustee, to give over to him all the proofs of debts received, after filing a list of them, G. R. 71. Registrar, on bankruptcy of sole trustee, to call a meeting of creditors for the appointment of a successor, s. 83, par. 5. Registrar, on release of trustee, to act as trustee, and get in outstanding property, G. E. 125. Registrar to transmit to the trustee sealed copies of any order of the court, directing a special meeting, fourteen days at least before the day appointed, G. 0. 11. Registrar to preside at general meetings of creditors under s. 20, when so directed by the court, s. 20. Registrar : his duty in relation to application by bankrupt for an order of discharge after payment of 10s. in the pound, prescribed, G. R. 173. Registrar to transmit the file of proceedings to the registrar of appeals, G. R. 149. Registrar of appeals to attend on trials by jury, G. R. 200. Registrar to examine proceedings of creditors at meeting of creditors under liquidation by arrangement, and if satisfied as to their regularity to register them, a. 125, par. 4. Registrar : his certificate of appointment of trustee of same effect with certificate of the like appointment in bankruptcy, ib. 6. Registrar in liquidation, to give certificate of discharge of debtor, to operate with the same effect as an order of discharge in bankruptcy, s. 12.5, par. 10 ; and see "Liquidation." Registrar in composition, if he is satisfied with the proceedings, _ to register them, such registration alone giving validity to the resolution, s. 126 ; and see " lAquidaiion." Relation back commences at time of completion, 1. of the act of bankruptcy on which adjudication was made ; or 2. of the first of several acts of bankruptcy proved, committed within twelve months preceding the adjudication ; or 3, of an act of bankruptcy committed prior to such twelve months, if there then existed a sufficient creditor's debt (single or aggregate), and that this debt still remains due, s. 11. Release of officers of the old London court transferred to the new London court, provisions for, s. 129. Release of trustee, procedure to obtain, ^. 51; G. R. 122; it may be opposed by creditors, and may be granted, or withheld, or suspended by the court, s, 51. 370 INDEX. Eelease of trustee, when granted, dis«harges him from all liability in respect of any act or default in the administration of the bankruptcy, but the order may be revoked on proof that it was obtained by fraud, s. 53. Bemaining out of England, an act of bankruptcy, s. 6. Kemuneration to bankrupt, for services in the bankruptcy, may be given with the sanction of the creditors, s. 38. Kemuneration, if any, of persons in relation to stamps, to be directed by the Treasury, s. 68. Kent due by bankrupt may be distrained for by the landlord after the commencement of the bankruptcy, but only one year's rent, the over- plus to be a debt provable under the bankruptcy, s. 34. Provision as to rent falling due at other period than that of the adjudication, s. 36. Bepeal of acts, under the Insolvent Debtors' and Bankruptcy Kepeal Act, not to affect things done under any act repealed, or proceedings pending, or rights acquired, or penalties incurred thereunder, B. K. o. 20. Text of acts repealed, in schedule. Kescinding of orders. See " Court." Kesolutions at meetings of creditors : ordinary, to be decided by a majority in value; special, by a majority in number and three-fourths in value, s. 16, par. 7, 8. Returns to parliament by the registrar and other oflScers, directed, s. 116. Keview of orders. See "Court." Kules of court may be from time to time, made, revoked, and altered, by the Lord Chancellor, with the advice of the Chief Judge, for the effectual execution of the act, s. 78, and to regulate : 1. Generally, the practice and procedure of bankruptcy petitions and the proceedings thereon. 2. The service of bankruptcy petitions, including substituted service. 3. The valuation of debts. 4. The valuation of securities. 5. The giving or withholding interest or discount on or in respect of debts or dividends. 6. The funds out of which costs are to be paid, the order of their payment, and the amount and taxation. 7. Any other matter or thing, whether similar or not to the above, as to which rules shall be deemed expedient. Kules of court may prescribe what statement of affairs, &c. may be required j&:om the bankrupt, ». 19. Rules of court may be made for regulating proceedings in liquidation, s. 125, par. 11. Kules of Court to be deemed within the powers conferred by the act, and to be of the same force as if they were enacted in the body of the act, s. 78. Rules of court to be laid before parliament, i6. Rules of court are to be judicially noticed, ib. Rules of court, until they Lave been made, and so far as, when made, they do not extend the practice, principles, and rules in bankruptcy pro- cedure, prior to the act, to be observed, s. 78. INDEX. 371 S. Salakies of registrars, and of clerks, ushers, and otter sutordinate persons, appointed by the Chief Judge, to be fixed by him with the sanction of the Treasury, s. 63. Salary, not exceeding four months as to time, or 50?. in amount, to be paid in priority to other debts, a. 32. Salary of bankrupt, other than official, an appropriation of, or of a portion of, for the benefit of the creditors, may be directed by the court, s. 90. Scotland exempted from the operation of the act, except where otherwise provided, s. 2. Scotland exempted fi-om the operation of the Debtors' Act, D. A., s. 2. Scotland, courts of bankruptcy in, available for enforcement of orders by English courts of bankruptcy, s. 73, and & converso, ib. ; and of war- rant, a. 76. Scriveners, within the act as traders. Schedule 1. Seal to be provided for every court exercising jurisdiction under the act, and judicial notice to be taken of such seal, s. 169. Search-warrant for property of bankrupt concealed elsewhere than in his own house, may be granted by the court, s. 99 ; to be executed in manner prescribed, or in like manner as search-wari'ants for property supposed to be stolen, s. 76. Secured creditor : definition of the term, s. 16, par. 5. Secured creditor only to prove at first meeting in respect of balances after deducting value of the security, unless he give up his security, s. 16, par. 4. Secured creditor, on giving up security, may prove for the whole debt ; or, after realizing or giving credit for the security, may prove for the balance, but not complying with these conditions, excluded from dividend, a. 40. Secured creditor, procedure to determine the balance of his debt, for the purpose of voting, prescribed, &. B. 99, 100; and for the purpose of dividend, a. 111. Secured creditor, notwithstanding adjudication of bankruptcy against his debtor, continued in the power to realize or otherwise deal with his security, a. 12. Secured creditors, in calculating majorities in composition, to be calculated by value, s. 126. Securities held by creditor, definition of the term, s. 16, par. 5, as to valua- tion and surrender of : 1. On bankruptcy petition, s. 6. 2. At first meeting, s. 16, par. 4. Securities held by petitioning creditor, provisions as to the surrender of, immediate or deferred, s. 6. Security by trustee, as to, s. 14, par. 2. Security required to be given to any person before the court, to be in the form of a penal bond, with securities, &. R. 168, 159. Security : in Ueu of security, the person may deposit with the registrar the amount in dispute, and the probable costs of trial, G, R. 160. Notice of such deposit to be given to the other party, G. B. 165. Security : the security may be that of a guarantee association, Gr. R. 161. 372 INDEX. Security ; notice of sureties, to be given to the opposite party, and to the registrar, who shall thereupon appoint a day on which the bond shall be executed, and give notice thereof to both parties, G. E. 162. Security : sureties to make affidavit of sufficiency, if the other party shall so desire, G. R. 163. Security bond to be executed and attested before a registrar, or a justice of the peace, or an attorney, G. R. 164. Security given by a debtor under the Debtors' Act, may be the amount in question, deposited in court, or a bond with two or more sureties, or such other security as the plaintiff may accept. The master of the court to decide on disputed sufficiency, and to award costs of reference ; if sufficiency is not disputed within four days, the security to be deemed sufficient, Reg. Oen. t ; the deposit, security, and all pro- ceedings therein, to be subject to the control and order of the court, ih. 8. Security under Debtors' Act : where the debtor deposits money, the officer of the court shall give a receipt for it ; where he gives a, bond or other security, the receipt to be a certificate signed or attested by the plaintiff's attorney ; upon delivery of such receipt or certificate to the sheriff, the debtor to be discharged, Reg. Gen. 10. Seizure and sale of goods under execution, an act of bankruptcy, when committed by a trader, s. 6. Seizure and sale of goods of bankrupt, under execution or attachment, before adjudication, in good faith and without notice of an act of bankruptcy, valid, s. 95, par. 3. Seizure of land of bankrupt, by execution or attS^chment, before adjudica- tion, in good faith and without notice of an act of bankruptcy, valid, o. 95. Seizure of bankrupt's property, under warrant, may be made whether in the bankrupt's own premises or elsewhere, and for such purposes the premises may be broken open, s. 99. Seizure of bankrupt's goods, &o. See "Arrest." Seizure and sale of goods of trader, taken in execution, the produce of to be retained by the sheriff or high bailiff for fourteen days ; if within that period there is no notice of bankruptcy, or a notice not followed by adjudication, the produce to be dealt with as though there had been no notice, s. 87 ; if there be adjudication, the produce, after deducting expenses, vests in the trustee, ib. Separate creditor may prove under adjudication aet his debts, jointly with any other person, and the separate estate shall be applied^ in the first place, in satisfaction of separate creditors, G. E. 76. Sequestration against the property of a debtor, issuable by any court of equity, in like manner as if the debtor had been arrested, D. A., s. 8. Sequestration, preferential, of ecclesiastical benefice held by bankrupt, to be granted on application of trustee, subject to such stipend thereout to the bankrupt while filling the iDenefice, as the bishop of the diocese shall direct, s. 88. Service of summons under Debtors' Act, must be personal, unless the judge shall otherwise direct, Reg. Oen. 2. Service of debtor's summons, or bankruptcy petition, must be proved by affidavit, G. R. 63 ; of petition on debtor abroad, as to, G. JR. 66 ; on debtor-trader departed from dwelling-house, G. R. 65. Service of proceedings. See "Proceedings." INDEX. 373 Set-ofF, in the case of mutual credits, debts, or other dealings, between the bankrupt and any creditor, allowable when the creditor had not, at the time he gave the credit, &c., notice of an act of bankruptcy, B. 39. Settlement of property, made within two years before bankruptcy by trader, invalid as against trustee of his bankruptcy, if not made, 1. Before and in consideration of marriage. 2. In favour of a purchaser or incumbrancer in good faith, and for valuable consideration. 3. In favour of the wife or children of settlor of property accrued to him after marriage in right of his wife, s. 91. Settlement of property: any such settlement made within ten years of the bankruptcy to be invalid, unless the parties interested can prove that the settlor was at the time solvent, apart from the property settled, ib. Settlement of property: any covenant or contract, by trader, in considera- tion of marriage, for future settlement upon wife or children, in which he had not at the time any estate or interest, or not being property in right of his wife, void as against the trustee, ib. Settlement of property : the term "settlement" to include any conveyance or transfer of property, ib. Settlement of his affairs by bankrupt, otherwise than in bankruptcy, may be permitted by the trustee with the sanction of the creditors, and the allowance of the court, the settlement being thereafter enforceable by the court and binding on the creditors, s. 28. Sharebrokers, within the act as traders. Schedule 1. Shares in ships, &o., portion of the bankrupt's property, vests in trustee, i-. 22; where any shares in companies, &c. are unmarketable, the trustee may (subject to the limitation of time prescribed by s. 24) disclaim them, and they shall, subject to application to the court by the person interested, ib., and to proof of amount of injury, thereupon be deemed to have been forfeited from order of adjudication, u. 23. Sheep salesmen, within the act as traders. Schedule 1. Sheriff, his position with respect to proceeds of seizure and sale of goods of of a trader, s. 87 ; and see "Seizure and Sale." Ship insurers, within the act as traders, Schedule 1. Ship-owners, within the act as traders, Schedule 1. Shorthand-writer. See "Evidence." Signature of a judge or registrar to be judicially noticed in all legal proceed- ings, 9. 109. Sittings in chambers may extend to any matter except the public exami- nation of the bankrupt, or appUcatiou for order of discharge, unless all the contending parties shaU require any such matter to be heard in open court, G. R. 5, 6. Sittings of the court. See " Chief Judge.'' Small debts, due under order or judgment of a court, excepted from the operation of the act, with certain specified limitations : 1. The imprisonment not to exceed six weeks, or until (within that time) payment is made. 2. Where the jurisdiction is exercised by any court other than the superior courts of law and equity, it must be exercised only by a judge or his deputy, and by order in open court, and showing on 374 INDEX. Small debts — coTVtinued. its face the ground on wMcli it is issued ; it must be exercised only in respect of a debt not exceeding 501,, exclusive of costs ; and, as respects a judgmeut of a county court, only by a county court judge or his deputy. 3. The court must be satisfied that the default is wilful, in proof of which witnesses may be summoned. 4. The payment may be ordered to be made by instalments, jD. A., o. 5, and see "Imprisonment." Solicitors. See "Attorneys." Solicitor, being himself trustee, may contract to be paid an inclusive sum, by per-centage or otherwise, for his services, professional and other- wise, S.-29. Solicitors : none to be employed by the trustee, without the leave of the inspectors, s. 29. Solicitors now acting in the court in London as official solicitors, in cases where no creditors' assignee is appointed, to act for any registrar, in his capacity of trustee, when so reciuired, Q-. K. 220. Special bail : in any case in which the defendant would not be liable to imprisonment under the act, to be deemed to condition that the de- fendant shall not quit England without leave of the court, D. A., s. 7. Stamp duties, exemption from, of proceedings in bankruptcy or relating to a bankrupt's estate, s. 113, and see " Conveyances." Stamps on documents to be forthwith effaced by the officer receiving them, G. K. 206. Stay of proceedings, under debtor's summons, s. 7 ; under creditor's petition, s. 9 ; such stay of proceedings not to preclude adjudication on the petition of another creditor, if the court shall see fit, i6. Statement of account. See " Declaration of Proof ." Statement of affairs, to be made out for creditors by the bankrupt, s. 19. Stock, portion of the bankrupt's property, vests in trustee, s. 22. Stockbrokers and stockjobbers, within the act as traders, Schedule 1. Subordinate officers. See " Clerks." Subpcena, witnesses to be summoned by, B. R. 166. Subsequent petition against members of a firm of which one member is already bankrupt, to be consolidated with the first petition, s. 102. Substituted service, provisions for, to be made by rales of court, s. 78 ; a. E. 61. Suffering one's self to be outlawed, an act of Bankruptcy, u. 6. Suits, actions, executions, or other legal process against a debtor may be restrained by the court, after presentation of bankruptcy petition, s. 13 ; or, after adjudication, may proceed as the court shall think fit, ib., amd see "Actions." Summons of debtor under Debtors' Act, ». 5 ; to specify date, &e. , of judg- ment, order, amount due, &c., Reg. Gen, 1. Summons of debtor : the service must be personal, unless the judge shall otherwise direct, Heg. Gen. 2. Summons of debtor : proof of the means of the debtor to be made, when practicable, by affidavit, but either before or at the hearing the judge may order a viva voce examination of the debtor or other persons, and the production of necessary documents ; disobedience to such order to be punished as a contempt of court, Reg. Gen. 8. INDEX. 375 Sams payable by attorney, as penal costs, or under order of a court, excepted from the operation of the act, D. A., s. 4. Sums payable by trustee under order of a court of equity, excepted from the operation of the act, D. A., a. 4. Sums recoverable before justice of peace excepted from the operation of the act, D. A. s. i. Superannuation allowance may be reduced or suspended if the recipient accept public employment of greater value, s. 135. Sureties for trustee need not justify, Gr. R. 107. Surplus estate, after payment of creditors and costs of bankruptcy, and interest on debts, to be given to the bankrupt, a. 45 ; (J. R. 137. Surrender and admittance : property passing by, part of the estate, may pass direct to appointee of trustee, s. 22. T. Tatbbn keeper, within the act as a trader. Schedule 1. Things in action, part of the estate, shall be recoverable by the trustee by action. Sec, in his official name, and shall be deemed to have been, for such purpose, duly assigned to him in such capacity, s. 22. Things in action, other than trade debts, not goods and chattels within the order and disposition section, o. 15, par 5. Time limited for any proceedings under the act, computation of, s. 114. Tools of trade, and necessary wearing apparel, &c., of bankrupt and his family, to the value of 201., not divisible among the creditors o 15, par. 2. Town councillors, on becoming bankrupts or arranging debtors, disqualified to hold office, D. A. , o. 21. "Trader," definition of the term, s. i; and Schedule 1. Trader, distinction as to operation of act upon : As to acts of bankruptcy, s. 6, pars. 3, 5, 6 ; G. B. 65. As to goods in order and disposition, s. 15. As to seizure and sale of his goods under execution, a. 87. In relation to voluntary settlements, s. 91. Transfer of proceedings : 1. Where they are instituted in more courts than one, may be made by the London court to itself or to a local court, s. 80, par. 3. 2. Under special resolution of creditors, or certificate of judge of local court, may be made to London or to some other local court, ■ii). par. 5 ; & R. 82, 83. 3. Generally, may be made from one court to another, ib. par 6. Transfer and receipt of proceedings by second court, sufficient authority for that court to continue the proceedings, without further order trans- ferring than is contained in the proceedings, G. E. 84. Transfer of property of bankruptcy, in good faith, protected, s. 95. Treasurer, or other officer, or banker, attorney, or agent, holding securities or moneys of bankrupt, which he is not entitled by law to retain, to pay the same over to the trustee, a. 93. Treasury to sanction scale of fees, for business under the act, and to direct whether these shall be paid by stamps or otherwise, and to regulate collection, &o., of, and to determine what remuneration, if any, shall be paid, in respect of the same, s. 68. 376 INDEX, Trial by jury of question of fact, manner of, prescribed, G. R. 190 — 203. Trial by jury : scale of fees in relation thereto, Gr. K. 197. Trial of disputed debt in debtor summons, when to be had, b. 7. Trust property held by bankrupt, not divisible among his creditors, s. 15, par. 1. Trustee Act, 1850 : a trustee within this act, on becoming bankrupt, removable from his trust, s. 117. Trustee ; the term to include the registrar, when filling the office of trustee, ». 17. Trustee : the certificate of his appointment conclusive evidence of the appointment and its date, s. 18. Trustee : the term may include several persons appointed by the creditors, but all shall be joint tenants of the property as trustee, s. 83, par. 1. Trustee may be appointed either by the creditors at the first meeting, or by the inspectors, ». li : 1. He need not be a creditor, ih. 2. He may be remunerated or not, as the creditors determine, ib. 3. He must give security, ib. par. 2. Trustee, appointment of, to be reported to the court, and thereupon the court, if satisfied as to security, to give certificate, o. 18, G. R. 105. Trustee ; notice of his appointment to be gazetted, and advertised in local papers, G. B. 111. Trustee : if none appointed at first meeting, or adjourned first meeting, the court may annul the adjudication, or direct the registrar to act as trustee, s. 84. Trustee : upon a vacancy in the office, not filled up, the court may direct the registrar to act, or may annul the adjudication, s. 84. Trustee: vacancy in the office of, to be filled up by the creditors, in general meeting, summoned by a continuing trustee, or if there be none such, by the registrar, s. 83, par. 2. Trustee : if there be no trustee, the registrar to act as such, b. 83, par. 3. Trustee to have regard in the administration of the property and its dis- tribution to the direction of the creditors at any general meeting, or subject thereto, to the directions of the inspectors, s. 20. Trustee to have his accounts audited once at least in every three months by the inspectors, o. 20. Trustee to call special meetings of the inspectors, or general meetings of the creditors, or make application to the court, when requisite, ». 20. Trustee subject to the direction, 1. of the inspectors; 2. of the creditors in general meeting : 3. of the court ; he may exercise his own discretion iu the administration of the estate, s. 20. Trustee : his liability to an appeal to the court by any person aggrieved by his acts, IS. 20. Trustee : his position and powers as to the acquisition and retention of property to be in all respects as if he were a receiver in Chancery s. 20. Trustee : his title to transfer of stock, shares, &c., portion of the estate 3. 22. Trustee : his position with regard to copyhold or customary property, &o., portion of the estate, s. 22. Trustee : his position as to things ia action, and any proceeding relating thereto, s. 22. INDEX. S?? Trustee to take possession of all deeds, books, and documents of the bank- rupt, and of all other property capable of manual deliTery, s. 22. Trustee to keep books containing entries of all proceedings at meetings, and of such other matters as rules of Court shall direct, such books to he open to inspection, by creditors, s. 22. Trustee to summon creditors to attend general meeting ordered by the conn, Gr. K. 95. Trustee may apply to the court to summon the bankrupt, or his -wife, or other persons for examination, s. 96. Trustee: his rights as to avoidance of voluntary settlements, a, 91; and see "Settlement." Trustee : his rights as against fraudulent preferences, s. 92. Trustee : his rights as against persons holding seearities or moneys belong- ing to the bankrupt, s. 92. Trustee to receive and decide upon proofs of debt, and to administer the oath to the creditor, b. 25, par. 1. , Trustee to carry on the bnsiness of the bankrupt so far as may be necessary, s. 25, par. 2. Tmstee to bring or defend actions, &c., relating to the estate, s. 25, par. 3. Trustee to deal with estates tail, part of the estate, in like manner as the bankrupt might have done, s. 25, par. 4. Trustee to exercise all powers vested in him by the act, and to execute all powers of attorney, deeds, &c., requisite for the exercise of those powers, s. 25, par. 5. Trustee to sell or dispose of, in such manner as he shall think iit, the estate, including good-will and book debts, s. 25, par. 6, and to give effectual receipts for all moneys received by him, ib. , par. 7. Trustee to prove debts and receive dividends under any bankruptcy against which the estate may be a creditor, s. 25, par. 8. Tmstee may appoint the bankrupt to manage the property, or carry on the business, for the benefit of the creditors, and otherwise to aid the ad- ministration, on such terms as the creditors direct, s. 26. Trustee may, with the sanction of the inspectors : 1. Mortgage or pledge any part of the estate, to enable payment of xlebts. 2. Refer disputes to arbitration. 3. 4. Compromise debts, or claims. 5. Distribute otherwise than by sale, property which cannot advan- tageously be realised by sale, s. 27. Tmstee may, with sanction of special resolution of creditors, and with the approval of the court, accept a composition ofirered by the bankrupt, or assent to a scheme of settlement of his affairs, with or without an annulling of the bankruptcy, ». 28. Tmstee may not employ a solicitor or other agent without the consent of the inspectors, s. 29 ; G. R. 116. Tmstee : where trustee is himself a solicitor he may contract to be paid an inclusive sum^ by way of peroentage*or otherwise, for his services as trustee, including professional services, s. 29. Tmstee to pay all snms received by him into such bank as the majority of the creditors, in general meeting, shall appoint, or, failing such appointment, into the Bank of England, s. 30. 378 • INDEX. Trustee, if he shall keep in his hands at any time any sum exceeding SOI. for more than ten days, he shall pay interest at the rate of 20 per cent, on such excess, and be liable to dismissal by the court, with costs, and without remuneration, s. 30. Trustee to assess in certain cases the value of contingent debts or liahUi- ties, subject to an appeal to the court, s. 31 . Trustee may, with the sanction of the creditors, make allowance to bank- rupt, or remunerate him for services in the bankruptcy, s. 38. Trustee to transmit periodically to the comptroller a statement of the proceedings in the bankruptcy under pain of contempt of court, s. 56 ; such statements to be examined by the comptroller, who may call the trustee to account for misfeasaace, neglect, or omission,* and charge him with any loss thence resulting, s. 67. Trustee may hold property, make contracts, enter into engagements for himself and his successors in of&ce, and do all other aots necessary or expedient to be done in the execution of his of5oe, s. 83, par. 7. Trustee : certificate of his appointment, an effectual conveyance or assign- ment of property, and may be registered, enrolled, and recorded ac- cordingly, fl. 83, par. 8. Trustee : the property of the bankrupt to vest in him without conveyance, assignment, or transfer, s. 83, par. 6. Trustee : produce of sale of goods of trader, seized under execution, after payment of expenses, vests in him, s. 87. Trustee, with the authority of the court and the sanction of the creditors, may bring actions or suits in his own name and in that of any partner of the bankrupt, upon notice to the partner, and unless the partner shall show cause to the court to the contrary, s. 105. Trustee, his costs, as plaintiff in any action or suit, not allowed until taxed in manner prescribed, G. R. 114. Trustee : procedure on his applying to the court for directions under s. 20, prescribed, Gt. R. 112. Trustee, on vacancy in the office of inspector, to convene a meeting of creditors to fill up such vacancy, s. 83, par. 13. Trustee may at any time disclaim when part of the estate is : 1. Land burdened with onerous covenants. 2. Unmarketable shares. 3. Unprofitable contracts. 4. Or other onerous property, but subject to an appeal to the coui't, by person interested, for possession of the disclaimed property, and to proof of debt, on the estate, by such person, to the amount of the injury he has sustained by the disclaimei', ij. ; and subject to making the disclaimer within twenty-eight days after an ap- plication to that eifect from the person interested in the property, or within such further time as the court will grant, s. 24. Trustee to report close of bankruptcy to the court, when the whole pro- perty, or as much of it as can be realised without needlessly protract- ing the bankruptcy, has been realised, or composition or arrange- ment has been completed, s. 47. Trustee, where no inspectors are appointed, to act on his own discretion, s. 125, par. 13. Trustee : no act bond fide done by him to be vitiated by reason of any defect or irregularity in his appointment, s. 83, par. 15. INDEX. 379 ITrastee sot reapouaible for sales and dispositions of property, payment duly made, &c., prior to an order annulling the bankruptcy, b. 81. Trustee liable to imprisonment in default of payment of sums under order of a court of equity, D. A., a. 4. Trustee, if an auctioneer, may not act in the sale of the property, unless with the sanction of the inspectors, G, R. 119. Trustee may report to the oouri when, in his opinion, a bankrupt or debtor has been guilty of any offence under the act, and may, if prosecution be directed, act as prosecutor, D. A., s. 16. Trustee, upon close of bankruptcy, to apply for an order of release, b . 61 ; G. R. 122. Trustee, at meeting of creditors for such purpose, to give an account of the manner in which he has conducted the bankruptcy, and of the position of the estate, s. 51 ; G. R. 123. Trustee, if his release is withheld by the court, may be charged with the consequences of any act or default contrary to his duty, o. 52. Trustee, on close of bankruptcy, to pay over unclaimed dividends and other moneys under his control, s. 52. Trustee ; his release discharges him from liability in respect of any act or defiiult in the administration of the bankruptcy ; but the release may be revoked npon proof that it was obtained by fraud, s. 53. Trustee to have his statement of accounts audited quarterly by the in- spectors, and to forward it, when audited, to the comptroller, under pain of contempt of court, s. 55. Trustee, upon his release, or on the close of the bankruptcy, to deliver a list of outstanding property, and all books, &c., to the registrar, G. R. 125, 249. Trustee : his resignation must be accepted by a meeting of creditors ; procedure to obtain such sanction, prescribed, G. R. 122. Trustee, as to removal of : 1. By the court, upon cause shown. 2. By the creditors, by special resolution, s. 83, par. 4 ; and G. R. 120. Trustee to keep a record book and an estate book open to inspection by the inspectors, the creditors, or their agents, G. R. 242, 243, 244 ; and to be submitted on audit to the inspectors, G. R. 245, 246 ; copy of the estate book to be transmitted to the comptroller with a copy of the statement of affairs, and the comptroller to report thereon, ib. 247,248. ^ ^ „ Trustee to forward annual returns of the bankruptcy to the comptroller, and may have his conduct, &c., investigated by the comptroller, G. R. 250, 251. Trustee : if he become bankrupt, to cease to be trustee, h. 83, par. 5. Trustee, within the Trustee Act, 1850, on becoming bankrupt, removable from his trust, s. 117. U. TTnolAIHED dividends, after close of bankruptcy, to be applied for in manner prescribed, s. 52. , ^ i i i ,v Unclaimed dividends, and other estate under the control of trustee at the close of the bankruptcy, to be paid over in manner to be directed 380 INDEX. by the rules of court to be made with the sanction of the Treasury, 8. 52. Unclaimed dividends for five years to vest in the Crown, subject to claim thereafter on the part of the creditor, s. 116. Undischarged bankrupt, status of, e. 54. Unliquidated damages, demands in the nature of, arising othervrise than by reason of a contract or promise, not provable in bankruptcy, s. 31. Unliquidated debt, considered as within the terra "liability," s. 31. Unliquidated debt not available as petitioning creditor's debt, s. 6 ; nor as debt enabling creditor to vote at first meeting, e. 16, par. 3. Unliquidated debts may be compromised by the trustee with the sanction of the inspectors, s. 25. V. Vacations. See " Chief Judge." Varying of orders. See ' ' Court." Venditioni exponas, writ of, issuable in return to former writ that goods have been seized but not sold, G. E. 232. Victuallers, within the act as traders, Schedule 1. W. Wages, not exceeding four months, as to time, or 502. in amount, for clerks, or two months' wages for labourers, to be paid in priority to other debts, s. 32. Warehousemen, within the act as traders. Schedule 1. Warrants of a court of bankruptcy in England enforceable in Scotland, Ireland, the Isle of Man, the Channel Islands, and elsewhere in her Majesty's dominions, s. 76. Warrants issued under the acts to be addressed to an officer of the London Court, or to a high bailiff of a county court, as the court may direct, G. B. 176. Warrant of attorney to confess judgment, to be valid must be executed in the presence of an attorney on behalf of the person giving it, and be attested by him, D. A., ss. 24, 25 ; any defeasance or condition must appear on the document, and it must be duly filed, s. 26. Wearing apparel, Ac, of the bankrupt and his family, to the value of 20i., not divisible among the creditors, s. 15, par. 2. Wharfingers, within the act as traders, Schedule 1. Winding up of the business of the old Loudon Court, provisions for, di- rected, ti. 129. Winding up of the business of the late Insolvent Debtors' Court, provided I. D. A,, o. 14; all insolvencies to be closed within a prescribed period, ib. a. 15. Witness — subpoena for the attendance of, to be issued at the instance of trustee, creditor, debtor, . or person affected by any order, and may be issued in blank, G. B. 166. Witness — subpoena must have the name of one witness only inserted, ib. Witness— subpoena : service must be personal and within reasonable time of the required attendance, G. B. 167 ; the service must be proved by affidavit, ib. 168, INDEX. 381 Witnesses, examination of, on summons under Debtors' Act, may be directed, Reg. Gen. 3. Witnesses, the number of as to taxation, to be regulated by tlie court, G. R. 169. Witnesses : the allowance to, in no case to exceed the highest rate in the scale in the schedule, Gr. K. 169. Witnesses ; their costs may be allowed whether they have been examined or not, G. R. 170. Witnesses summoned for examination by the court, upon refusal, after tender of reasonable sum, to attend, or to produce documents, having no lawful impediment allowed by the court at the sitting, may be apprehended and brought up under warrant, s. 9t). Workman for hire, not within the act as a trader. Schedule 1. Workmanship or conversion of goods or commodities, a trading within the act. Schedule 1. Writ of execution to be in the form given in the schedule, or as near thereto as may he, 6. R. 229; to be executed as like writs out of the inferior courts are executed, and the like fees to be paid in respect thereof, ib. ; must be duly tested, ib. 230 ; and endorsed with actual amount to be levied, and name, &c., of debtor, and name, &c., of solicitor issuing the writ, ib. 231. Writ of execution to enforce orders for payment of money and costs, to be sealed, and to be issued by the chief registrar, G. 0. 17 ; a praecipe thereof to be filed, ii. 18 ; and see Schedule. Writ of execution to be returned to the court and filed with the chief registrar, and the particulars as to execution, &c., entered in the prsBoipe book, G. R. 233; on satisfaction, in whole or part, the debtor may cause such satisfaction to be entered on the order for payment, ■a. 234, 235 ; writs and praecipes may be amended by the court, ib. 2?6. THE END. BRADBnEY, EVANS, ASD CO., PBIXTEKS, WHITEFRIABS. 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