No. I. 1 & 2 W. 4, c. 56. Abolition of may be made a rule of the court of bankruptcy by this act constituted, and thereupon all such rights and remedies, duties and liabilities, shall accrue from such reference so made a rule of the said court, in respect of arbitration and award, and nonperformance of such award, and otherwise howsoever, as by law at present accrue upon any submission of reference made a rule of any of his Majesty's other courts of record. XLIV. That all fees heretofore payable to the person holding the fees to patentee. patentee's office" for the Execution of the Laws and Statutes concerning Bankrupts," shall cease and determine; and that no fee whatever shall be payable to any person whomsoever holding any office under or by virtue of this act, except such as are provided by this act, or in the schedules hereto annexed, and except the fees payable to any commissioner acting in the execution of any commission or fiat issued or to be issued, and to be executed elsewhere than in the court of bankruptcy. Sum to be paid XLV. That there shall be paid to the lord chancellor's secretary of to the secretary bankrupts, upon the granting of every fiat, in lieu of a commission of of bankrupts on bankrupt, by virtue of this act, the sum of ten pounds; and the sums the granting of to be so received by the said secretary shall be by him paid once a week, every fiat; and or oftener, as the lord chancellor shall think fit to direct, into the bank application of England, to the credit of the accountant general of the high court of thereof. chancery, to a separate account, to be entituled "The Secretary of Bankrupts Account;" and all monies to be paid into the said account shall be subject to such general orders touching the payment in, investment, accounting for, and payment out of such monies for the purposes herein-after provided, as the lord chancellor shall from time to time think fit to prescribe. Assignee of bankrupt's estate to pay 201. to the like account. sions moved into the court of bankruptcy. XLVI. That there shall be paid to the said accountant general, to be placed by him to the like account by the official assignee of each bankrupt's estate to be administered in the said court of bankruptcy, out of the first monies that shall come into his hands, and immediately after the choice of assignees by the commissioners, the sum of twenty pounds. (1) Sums to be paid XLVII. That in all cases of commissions of bankrupt which by virtue on all commis- of the provisions herein contained shall be removed into the said court of bankruptcy, and under which the choice of assignees shall have taken place prior to the commencement of this act, there shall be paid by the assignees of every such bankrupt's estate, in lieu of all other sums directed to be paid under and by virtue of this act, the sum of three pounds on every sitting under such bankruptcy which shall be held in the said court, or by any division judge or commissioner thereof (2); such sum to be paid to the said accountant general, and to be carried Restriction of to the said account entitled "The Secretary of Bankrupts Account:" fees on auditing Provided always, that no fee whatever shall be paid on any meeting for assignees' the purpose of auditing the assignees' accounts, unless there shall appear to the commissioners to be sufficient assets of the bankrupt's estate for the payment thereof. accounts. Power for the secretary of bankrupts to receive the fees in the first schedule. XLVIII. That it shall be lawful for the lord chancellor's secretary of bankrupts for the time being, and his clerks, and he and they are hereby respectively authorized and required, to receive and take the several fees and sums set forth in the first schedule hereto annexed, in respect of the business therein specified; and the amount to be so received shall be by the said secretary applied in payment of salaries to a messenger and housekeeper, and the various other expences of his office, and the surplus (if any) of such moneys shall and may be retained for his own use. (1) On the loss by the petitioning creditor of his evidence to support the fiat, the court of review will not, on a petition by another person for another fiat, order him to be exempt from paying the 101. under sect. 45, and the 201. under this section. Ex parte Osborn, 2 Mont. & A. 140. (2) Where a country fiat is superseded, because the commissioners decline to act, and a new one issues to a London commissioner, this is not a "removed" fiat under this clause; and the full fees imposed by the two previous sections must be paid. In re Willman, 2 Mont. & A. 292. No. I. 1 & 2 W. 4, c. 56. XLIX. That it shall be lawful for the chief registrar of the said court of bankruptcy for the time being, and his clerks, and he and they are hereby respectively authorized and required, to receive and take the several fees or sums set forth in the second schedule hereto annexed, in respect of the business therein specified; and the amount to be so Power for the received shall be by him applied in payment of such salaries or sums of chief registrar money to clerks, ushers, and other under officers of the said court of to receive the bankruptcy, as the lord chancellor may from time to time order and fees in the sedirect; and the yearly surplus (if any) of such moneys shall be divided cond schedule. between the two registrars, or between them and the deputy registrars of the said court, in such proportions as the lord chancellor shall appoint. L. That from and after the commencement of this act there shall be Salaries of paid and payable, out of the monies and securities standing to the said judges and account to be entitled "The Secretary of Bankrupt's Account," the other officers of yearly sums following, as and for salaries to the judges and other officers the court. for the time being herein-after named; videlicet, to the chief judge of the said court of bankruptcy the sum of three thousand pounds, to each of the other judges of the said court the sum of two thousand pounds, to each of the commissioners of the said court the sum of one thousand five hundred pounds, to the lord chancellor's secretary of bankrupts the sum of one thousand two hundred pounds, to each of the registrars of the said court the sum of eight hundred pounds, to each of the deputy registrars of the said court the sum of six hundred pounds, to the first clerk of the said secretary of bankrupts the sum of five hundred pounds, and to the second clerk of such secretary the sum of three hundred pounds; which said several sums shall be paid from time to time quarterly, free and clear from all taxes and deductions whatsoever, on the eleventh day of April, the eleventh day of July, the eleventh day of October, the eleventh day of January in every year, by equal portions, the first payment thereof respectively to be made on the eleventh day of April next; and that if any person for the time being holding either of the said offices shall die, resign, or be removed from the same, the executor or administrator of the person so dying, or the person so resigning or being removed, shall be entitled to receive such proportionable part of his salary as shall have accrued during the time that such person shall have executed his office since the last payment; and that the successor of any such person so dying, resigning, or being removed as aforesaid shall be entitled to receive such portion of his salary as shall be accruing or shall accrue from the day of such death, resignation, or removal. LI. That no judge, commissioner, registrar, or deputy registrar to be Restriction as appointed by virtue of this act shall during their respective continuance to judges and in such offices practise as a barrister, and that no attorney or solicitor other officers whose name shall be on the rolls of the said court of bankruptcy, or of practising as any of his Majesty's courts at Westminster, as such attorney or solicitor, barristers, or shall be appointed to or hold any of the said offices. being attornies. LII. And whereas the office of the patentee "for the Execution of Provision for the Laws and Statutes concerning Bankrupts" is now held by the compensation reverend Thomas Thurlow, by virtue of a grant thereof by letters to the patentee patent made to him for the term of his natural life, and the same office of bankrupts. hath also been granted by letters patent to the honourable William Henry John Scott for the term of his natural life, after the termination of the previous existing interest therein: And whereas the duties of the said office, and the fees and emoluments payable in respect thereof, will by virtue of the provisions of this act be wholly discontinued; and it is just and reasonable that such compensation as is herein-after provided should be made to the said patentees, in lieu of such fees and emoluments; be it therefore enacted, That the accountant general and the two senior masters of the high court of chancery shall be and they are hereby appointed commissioners for the purpose after mentioned; and the said commissioners shall, within six months after the passing of No. I. 1 & 2 W. 4, c. 56. hanaper, &c. this act, by examination on oath or otherwise, which oath they and each of them are and is hereby authorized to administer, inquire into and ascertain the amount of the annual clear legal profits and emoluments of the said office, to be computed on an average of the last three years, (after deducting all payments accustomed to be made thereanent,) and shall certify such amount in writing under their hands to the lord high chancellor, whereupon an annuity equal to such amount shall forthwith become a charge on an account to be opened by the said accountant general, and to be entitled "The Secretory of Bankrupts Compensation Account," and shall be paid and payable to the said Thomas Thurlow during his natural life, and from and after his decease to the said William Henry Scott during his natural life, in case he shall survive the said Thomas Thurlow; which annuity shall commence and be computed from the eleventh day of January next, and be payable half-yearly by equal portions on the eleventh day of July and the eleventh day of January in every year, the first of such payments to be made on the eleventh day of July next: Provided always, that in case of the death of either of the said patentees in the interval between either of the said half-yearly days of payment, his executor or administrator shall be entitled to receive a proportionate part of the annuity then payable to the day of his decease; and that the said William Henry John Scott, in case he shall survive the said Thomas Thurlow, shall be entitled to receive on the next half-yearly day of payment after his decease a proportionate part only of his said annuity from the day of such decease. Compensations LIII. And whereas the duties of the several persons now acting as to commission- commissioners of bankrupt in London, and the fees and emoluments ers, clerk of the accustomed to be received by them, will be abolished by the provisions of this act, and the clerk of the hanaper, purse-bearer, and other officers of the lord chancellor and of the high court of chancery, have been accustomed to receive certain fees, which will also be abolished by this act; and it may be just and necessary that in all or some of such cases compensation should be made in respect of such fees so to be abolished; be it enacted, That it shall be lawful for the lords commissioners of his Majesty's treasury, by examination on oath or otherwise, which oath they and each of them are and is hereby authorized to administer, to inquire into and ascertain the annual amount of the lawful fees and emoluments of such commissioners and other officers received by them, and to award to all and every or such one or more of the said commissioners as they the said lords of the treasury shall deem to be entitled to the same, an annuity or annuities, of such an amount and for such term as the said lords of the treasury shall find to be a fair and reasonable compensation for the loss to be sustained by all or any of the commissioners and officers aforesaid, by the abolition of the said fees, and shall certify the amount of such annuity or annuities, in writing under their hands, to the lord high chancellor, who shall thereupon have power to order the amount so certified as payable to each commissioner or other officer to be paid out of the moneys and securities to be standing to the said account to be entitled "The Secretary of Bankrupts Compensation Account;" and the same shall be payable and paid accordingly to the respective persons aforesaid, without any deduction whatsoever: Provided always, that the annual sum to be so payable to any one of the said commissioners of bankrupt shall not exceed the sum of two hundred pounds, and shall not be paid to any such commissioner who at the commencement of this act or at any time afterwards shall hold any public office or employment of an annual value greater than the annuity to be so certified as payable to him, or be in the receipt of any yearly sum of money in lieu of or as a compensation for the proceeds of any such office or employment exceeding in amount such annuity, so long as any such office or employment shall be so held, or such sum of money shall continue to be received. Proviso as to LIV. Provided always, That the annuity or compensation hereby compensation to clerk of the hanaper. directed to be made to the clerk of the hanaper shall be fixed and regu No. I. lated upon the same computation and in like manner as is above pro- 1 & 2 W. 4, vided with respect to the annuity or compensation for the patentee of the bankrupts office. c. 56. LV. That for the purpose of raising a fund to meet the compensations Fees to be paid herein-before directed to be made to the said patentees and commission- into the bank ers of bankrupt, there shall be paid by the official assignee of each by official bankrupt's estate to be administered in the said court of bankruptcy, assignee. immediately after the choice of the assignees by the creditors, or so soon afterwards as a sufficient sum shall come into his hands for the purpose, over and beyond the sum herein-before directed to be paid by such official assignee, the sum of ten pounds, into the bank of England, to the credit of the said accountant general, to be carried to a separate account to be entitled "The Secretary of Bankrupts Compensation Account;" and in like manner there shall be paid to the said accountant general, to be placed by him to the like account, by such official assignee, for every sitting of the said court of bankruptcy, or of any division judge or commissioner thereof, other than the sitting at which any person may be adjudged a bankrupt, or any sitting for the choice of assignees, or any sitting for receiving proofs of debt prior to such choice, or any sitting at which any bankrupt shall pass his or her last examination, or any sitting at which any dividend shall be declared, or any sitting at which the bankrupt's certificate shall be signed by the commissioners, the sum of one pound, and for every such sitting at which a dividend shall be declared a sum of money or fee according to the amount at such sitting ordered to be divided, such fee being regulated by the following scale, videlicet, for all sums not exceeding ten thousand pounds ten shillings in every one hundred pounds, and for any excess above ten thousand pounds two shillings and sixpence in the one hundred pounds; such several payments to be made within one week after such sittings respectively shall be held; and all monies to be paid into the said last-mentioned account shall be subject to such general orders touching the payment in, investment, accounting for, and pay. ment out of such moneys for the purposes herein-before provided, as the lord chancellor shall from time to time think fit to prescribe; and when and as such last-mentioned compensations shall from time to time cease to be payable, it shall be lawful for the said lord chancellor, as he may see fit, to direct that lesser sums shall be paid by the said official assignees at the several times and for the purpose last aforesaid. LVI. That if at any time it shall appear to the lord chancellor that In case of a the monies and securities standing to the said account to be entitled surplus in the "The Secretary of Bankrupts Account," together with the fees expect- secretary of ant and to be payable to such account, shall be sufficient to answer and bankrupt's acpay the several salaries and other payments for the time being charge- count, the lord chancellor may able thereon, and to leave a surplus applicable to the purpose after mentioned, it shall be lawful for the lord chancellor to order such abatement to be made in the fees herein-before made payable by the secretary of bankrupts and by the said official assignees, or by either of them, to the said account to be entitled "The Secretary of Bankrupts Account," as may to the said lord chancellor from time to time seem just and reasonable. order an abate ment of fees. LVII. That it shall be lawful for the commissioner before whom any Remuneration person shall be adjudged a bankrupt in the said court of bankruptcy, or to official who shall appoint an official assignee under the power herein-before assignee. given for that purpose, to order and allow to be paid out of the bankrupt's estate, to the official assignee thereof, as a remuneration for his services, such sum of money as shall appear to such commissioner, upon consideration of the amount of the bankrupt's property, and the nature of the duties to be performed by such official assignee, to be just and reasonable. LVIII. That if any judge, commissioner, registrar, deputy registrar, Penalty on any clerk, messenger, assignee, or any other officer or person whatsoever, officer taking fees. 1 & 2 W. 4, shall, for any thing done or pretended to be done under this act, or any c. 56. other act relating to bankrupts, or under colour of doing any thing under this act or any other such acts, fraudulently and wilfully demand or take, or appoint or allow any person whatsoever to take for him or on his account, or for or on account of any person by him named, or in trust for him or for any other person by him named, any fee, emolument, gratuity, sum of money, or any thing of value whatsoever, other than is allowed by this act, and any other such act as aforesaid, such person, when duly convicted thereof, shall forfeit and pay the sum of five hundred pounds, and be rendered incapable and is hereby rendered incapable of holding any office or place whatsoever under his Majesty, his heirs or successors. Offences LIX. That any such offender may be prosecuted either by informaagainst this act. tion at the suit of his Majesty's attorney general or by criminal information before his Majesty's court of king's bench, or by indictment: Provided always nevertheless, That if any registrar, deputy registrar, clerk, messenger, or assignee shall commit any offence against this act, it shall and may be lawful for the court of review or the lord chancellor to dismiss the person so offending, upon proof made before him or them of such offence having been committed, upon a rule to shew cause: Provided further, That if such court, on cause being shewn, shall think fit to direct an issue to be tried touching the matter of the said charge such issue may be tried before the said chief judge or one of the other judges of the said court of review. Judges and officers under this act ineligi ble to sit in parliament. Commencement of this act. LX. That no judge, commissioner, registrar, or deputy registrar, secretary of bankrupts, or official assignee, or other officer to be appointed by virtue of this act, shall during their respective continuance in such offices be capable of being elected or of sitting as a member of the house of commons. LXI. That this act shall commence and take effect from and after the passing thereof, as to the appointment of the judges and other officers hereby authorized, and as to all other matters and things, from and after the eleventh day of January next. |