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No. XIII. the said present clerk of the crown, and by his successors, to the lord 5 & 6 W.4, high treasurer or commissioners of his Majesty's treasury for the time c. 47. being, at such times and in such form and manner as he or they shall
think fit to direct; and the amount of such fees and emoluments, after deducting from and paying thereout the necessary expences of the said office so sanctioned and allowed as aforesaid, shall be paid by the clerk of the crown for the time being into the receipt of his Majesty's exchequer within ten days from the time of rendering the account thereof as aforesaid; and such amount shall be carried to and made part of the consolidated fund of the united kingdom of Great Britian and Ireland.
[No. XIV.] 5 & 6 W. IV. c. 82.-An Act to abolish certain
Offices connected with Fines and Recoveries, and the Cursitors in the Court of Chancery, and to make Provision for the Abolition of certain Offices in the Superior Courts of Common Law in England.
[For this act, see ante, Part IV., Class I., p. 414.]
CORONER. [It has been for some time in contemplation to revise the laws relating to coroners; but such revision has not as yet been effected.]
[There has been no recent statute relating to this class.)
[No. I.] 1 & 2 W. IV. c. 56.--An Act to establish a Court in Bankruptcy (1).
[20th October 1831.] WHEREAS an act was passed in the sixth year of the reign of his late 6 G. 4, c. 16.
Majesty king George the fourth, intituled An Act to amend the Laws relating to Bankrupts : And whereas it is expedient to provide means of administering and distributing the estate and effects of bankrupts, and of determining the questions which from time to time arise touching the same, other than are provided by the said act: To the end that the rights, as well of the bankrupts themselves as of their creditors, may be enforced with little expence, delay, and uncertainty as possible, be it enacted, &c., That it shall and may be lawful for his Majesty, his Establishment heirs and successors, by charter or letters patent under the great seal of of a court of the united kingdom of Great Britain and Ireland, to erect and establish bankruptcy. a court of judicature which shall be called “ The Court of Bankruptcy," and by commission under the great seal to appoint one person, being a serjeant or a barrister at law of not less than ten years standing, to be the chief judge of the said court, and three persons, being serjeants or barristers at law of not less than ten years standing at the bar, or of five years standing at the bar, having previously practised five years as a special pleader below the bar, to be other judges of the said court, and six persons, being barristers at law of not less than seven years standing at the bar, or of four years standing at the bar, having previously practised as a special pleader for three years below the bar, to be called commissioners of the said court, and from time to time to supply any vacancy in the number of the said judges and commissioners; and the same court shall be and constitute a court of law and equity, and shall, together with every judge and commissioner thereof, have, use, and exercise all the rights, incidents, and privileges of a court of record or judge of a court of record, and all other rights, incidents, and privileges, as fully to all intents and purposes as the same are used, exercised, and enjoyed by any of his Majesty's courts of law or judges at Westminster.
II. That the said judges or any three of them shall and may form a The court of court of review, which shall always sit in public, save and except as may
review. be otherwise directed by this act, or by the rules and regulations to be made in pursuance hereof, and shall have superintendance and controul in all matters of bankruptcy, and shall also have power, jurisdiction, and authority to hear and determine, order, and allow all such matters in bankruptcy as now usually are or lawfully may be brought, by petition or otherwise, before the lord chancellor, whether such matters may have arisen in the said court of bankruptcy or elsewhere, except as iş herein otherwise provided, and also to investigate, examine, hear, and determine all such other matters within the jurisdiction of the said court of bankruptcy as are by this act or may be by the said rules and regulations assigned and referred to the said court of review.
III. That all such matters to be heard and determined in the said Mode of applicourt of review shall be brought on by way of petition, motion, or cation to court special case, according to the rules and regulations to be established as of review. herein-after provided, subject to an appeal to the lord chancellor on matters of law and equity, or on the refusal or admission of evidence
(1) See the 3 and 4 W. 4, c. 47, and 5 and 6 W. 4, c. 29, post.
No. I. only; and in all cases of appeal to the lord chancellor by virtue of this 1 & 2 W. 4, act such appeal shall be on a special case, and in no other mode what
soever, except the lord chancellor shall in any case otherwise direct;
which special case shall be approved and certified by one of the judges Mode of appeal of the said court of review in matters arising in the said court, and by to the lord the judge trying the issue in matters arising out of the trial of issues ; chancellor.
and the determination of such judge on the settlement of such case shall be final and conclusive: Provided always, That all appeals to the lord chancellor by virtue of this act shall be heard by the lord chancellor
only, and not by any other judge of the high court of chancery. Court of review IV. That it shall be lawful for the said court of review to direct any may direct
issue of fact arising therein to be tried by a jury before one of the judges issues. thereof, or before a judge of assize, and to issue process to compel the
attendance of jurors and witnesses, and to enforce the orders and decrees of the said court of review, and to that end to exercise all the powers vested for such purposes in any of his Majesty's courts of record
at Westminster. Costs in the
V. That all costs of suit between party and party in the said court of court of review. review shall be in the discretion of the court, and shall be taxed by one
of the masters of the high court of chancery. Subdivision
VI. That the said six commissioners may be formed into two subdivision courts, consisting of three commissioners for each court, for hearing and determining the matters and things and making the exami. nations herein-after referred thereto; and all references or adjournments by a single commissioner to a subdivision court, by virtue of this act, shall be to the subdivision court to which he belongs, unless the said commissioner, in case of the sickness of some one or more of the commissioners of such subdivision court, or other sufficient cause, shall think fit otherwise to direct; and the said subdivision courts may sit either in public or private, as they shall see fit, unless where it shall be otherwise provided by this act, or by the rules to be made as herein-after
mentioned. The powers of VII. That in every bankruptcy prosecuted in the said court of bankcommissioners. ruptcy it shall and may be lawful for any one or more of the said six
commissioners to have, perform, and execute all the powers, duties, and authorities by any act or acts of parliament now in force vested in com. missioners of bankrupt, in all respects as if they or any one or more of them were in every instance specially authorized and appointed for the purpose by a separate commission under the great seal of the united kindom of Great Britain and Ireland; provided always, That no single commissioner shall have power to commit any bankrupt or other person examined before him otherwise than to the care and custody of a messenger or other officer of the said court, to be by him detained in his custody, and brought up before a subdivision court, or the court of review within three days after such commitment, for which purpose one of such courts shall be forthwith assembled, and to which court such
examination shall be adjourned. Oath of judges VIII. That in lieu of the oath directed to be taken by commissioners and commis- under the said recited act, every judge and commissioner to be apsioners. pointed by virtue of this act shall, before he shall be capable of acting
in the execution of any of the powers and authorities given by this act, take an oath in the presence of the lord chancellor to the effect following ; (that is to say,)
do swear, That I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the several powers and trusts reposed in me (as the chief judge or one of the judges, or one of the commissioners, as the case may be, of the court of bankruptcy,] and that without favour or affection, prejudice or malice.
So held me GOD.'
I A. B.
And any judge or commissioner having once taken the said oath shall
not again be required to take the same so long as he shall continue in No. I. office.
1 & 2 W. 4, IX. That it shall be lawful for his Majesty, his heirs and successors, under his or their royal sign manual, from time to time to appoint two registrars, and any number not exceeding eight deputy registrars to act Appointment of as such in the said court of bankruptcy, and to attend upon and assist registrars and the said judges and commissioners; which officers so to be from time to deputy registime appointed shall hold their respective offices during good behaviour, trars. notwithstanding the demise of his Majesty or any of his heirs or successors : Provided always, That it shall be lawful for his Majesty, his heirs and successors, to remove any of such officers upon a certificate from the said court of review, or one of the subdivision courts, of some sufficient reason, to be named therein, for such removal.
X. That all attorneys and solicitors of any of the superior courts of law or equity at Westminster may be admitted and have their names All attorneys enrolled in the said court of bankruptcy, without any fee or charge and solicitors other than such as shall be allowed by this act, or any rule or regulation may practise in to be made in pursuance thereof, and may appear and plead in any pro- this court. ceedings in the said court without being required to employ counsel, (except in proceedings before the said court of review, and upon the trial of issues by jury); and in case any person, not being an attorney or solicitor duly admitted as aforesaid, shall practise in the said court of bankruptcy as an attorney or solicitor, he shall be deemed guilty of a contempt of the said court, and be liable to all the penalties incident thereto, on complaint thereof made to the court of review; and that all the laws and statutes now in force concerning attorneys and solicitors shall extend to attorneys and solicitors practising in the said court of bankruptcy.
XI. That the judges of the said court of review, with the consent of the lord chancellor, shall have power from time to time to make general Judges to make rules and orders for regulating the practice of the said court of bank- rules for reguruptcy, the sittings the judges and commissioners thereof, and the lating the proconduct of the other officers and of the practitioners therein.
ceedings of the XII. That in every case wherein the lord chancellor, by virtue of any former act, hath power to issue a commission of bankrupt under the The lord changreat seal, it shall and may be lawful for him, and also for the master cellor to issue of the rolls, the vice chancellor, and each of the masters of the court of a fiat in lieu of chancery acting under any appointment by the lord chancellor to be a commission given for that purpose, on petition made to the lord chancellor against any trader having committed any act of bankruptcy by any creditor of such trader, and upon his filing such affidavit and giving such boud as is by law required, to issue his fiat under his hand in lieu of such commission, thereby authorizing such creditor to prosecute his said complaint in the said court of bankruptcy, or to prosecute the same elsewhere before such discreet and proper persons as the lord chancellor, or as the master of the rolls, vice chancellor, or one of the masters of the court of chancery, acting as aforesaid, by such fiat may think fit to nominate and appoint; and that the persons so appointed shall thereby have the like power and authority to all intents and purposes as if they were assigned and appointed special commissioners by virtue of a commission under the great seal. (1)
XIII. That every such fiat, prosecuted in the said court of bankruptcy, shall be filed and entered of record in the said court, and shall Fiats to be filed thenceforth be a record of the said court, and it shall thereupon be law- in court of ful for any one or more of the commissioners thereof to proceed thereon bankruptcy. in all respects as commissioners acting in the execution of a commission
(1) Where a joint fiat issues against two of three partners, and afterwards commissioners are appointed in pursuance of this section, a separate fiat against the third partner cannot be directed to the old commissioners. Er parte Beagus, 1 Mont. & A. 443.
No. I. of bankrupt, save and except as such proceeding may be altered by vir1 & 2 W.4, tue of this act. c. 56.
XIV. That the judges who go the several circuits in England and
Wales may be directed by the lord chancellor from time to time to reAppointment
turn to him the names of such number as he shall think fit to require of country
of barristers, solicitors, and attorneys practising in the counties to the commissioners, said circuits belonging, and upon such persons being returned, and and fiats to approved by the lord chancellor the fiat or fiats aforesaid not directed them. to the court of bankruptcy shall be directed to some one or more of such
persons in rotation to act as commissioners of bankrupt, according to the districts or places for which such persons shall be so returned, and to no other person than such as shall be included in such return : Provided always, That it shall be lawful for the lord chancellor at any time to remove any person from the lists to be so returned, for such cause as to him shall seem fit.
XV. That in lieu of the oath required by the said recited act to be Oath of com
taken by commissioners of bankrupt, all persons acting as such commissioners in
missioners elsewhere than in the said court of bankruptcy shall take an the country.
oath to the effect following:
according to the best of my skill and knowledge, execute the several ' powers and trusts reposed in me as a commissioner in a prosecution of bankruptcy against
and that without favour ' or affection, prejudice or malice.
So help me GOD.' XVI. That all the laws and statutes, rules and orders, now in force Provisions of relating to bankrupts, or to commissioners of bankrupt, or to proceedformer acts
ings under such commissions, or to the subject matters of such proceedmade applica. ings, or to the persons concerned therein or in any way affected ble to this act
thereby, shall in like manner extend and be construed to extend in every and to fiats.
respect, as far as the same may be applicable, to this act, and to fiats issued in pursuance thereof, and to all proceedings under the same, and to all the subject matters of such proceedings, and to all persons concerned therein or in any way affected thereby, to all intents and purposes whatsoever, as if every such fiat were a commission of bankrupt under the great seal of the united kingdom of Great Britain and Ireland, save and except as may be otherwise directed by this act.
XVII. That if any trader adjudged bankrupt shall be minded to dis
pute such adjudication, and shall present a petition praying the reverManner of pro- sal thereof to the said court of review, such petition to be presented ceeding in case the bankrupt
within two calendar months (1) from the date of such adjudication if shall dispute such trader shall be then residing within the united kingdom, or within the adjudica- three calendar months from the date aforesaid if then residing in any tion.
other part of Europe, or within one year from the date aforesaid if then residing elsewhere, or within such other time as the said court shall allow, (not exceeding one year, to be computed from the date aforesaid,) such court of review shall proceed to hear and decide on the said petition ; or, at the option of the said bankrupt, and on his finding such security for costs (if the said court shall think fit to require any security) as by the said court shall be approved, shall direct an issue to try any matter of fact affecting the validity of such adjudication by a jury, to be duly impanelled and sworn for that purpose, before the chief judge or any one or more of the other judges of the court of bankruptcy; and if the verdict on such issue shall not be set aside, on application made to the said court of review, within one month after the said trial, or if the adjudication of the commissioner shall not be set aside by the said court
(1) This section does not prevent a bankrupt from applying to supersede, though two months have elapsed from the date of the fiat. Er parte, Palmer 1 Montague, 497,