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On filing every
per folio of ninety words
of the court
from an der
[No. II.] 1 & 2 W. IV. c. 114.-An Act to amend the
Laws relating to Bankrupts. [15th August, 1832.]
6 G. 4, c. 16.
or by his deputy: And whereas the said act contains no sufficient proovision for making such depositions or office copies of the record thereof
evidence, and is in other respects defective: And whereas by an act
passed in the first and second years of the reign of his present Majesty,
things enacted, That every fiat prosecuted in the said court of bank- 1 & 2 G. 4,
No. II. may have been heretofore entered of record pursuant to or under color 1 & 2 W.4, of the said first-recited act or any other act, shall be removed into thc. 114. said court of bankruptcy, and shall be kept as records of the said cou'!
in such place as the judges of the said court shall from time to time - al records under rect; and that it shall and may be lawful for the judges of the court former com- bankruptcy to nominate the person heretofore appointed by the lor missions of chancellor to enter such proceedings of record, or, in case of his refus bankrupt. to accept such office, some other fit and proper person, as the clerk
enrolment to the said court, at such salary, to be paid out of the fetus herein-after mentioned, as the lord chancellor shall by writing unde: his hand direct; and that such clerk of the enrolments and his succes sors (to be appointed in like manner, at the like salary,) shall hare the care and custody of all the said records so removed as aforesaid, az shall in like manner enter of record all matters and proceedings in bana ruptcy which by this act or by the said recited acts, or by any orda: made in pursuance thereof, are or may be directed to be entered of r
cord, upon payment of the fees herein-after mentioned. Matters in II. Provided always, That all comunissions of bankruptcy issued rolled before
fore the first day of September one thousand eight hundred and twent. Sept. 1825,
five, and all depositions and other proceedings relating to such comm. deemed to be effectually
sions, directed to be inrolled, and actually entered of record upon entered of
since that day, shall be deemed and taken to have been well and efie: rceord.
tually entered of record. Certificate of
TIÍ. Provided nevertheless, That the certificate of such entry, pursuch entry to porting to be signed by the person appointed to enter such proceedings have the same or by his deputy, shall have the same effect as if such commission effect as if been issued after the said first day of September one thousand eint. commission had hundred and twenty-five, and shall be received in evidence witho been issued af- proof of the appointment or handwriting of such person. ter Sept. 1825. IV. That any one of the judges of the court of bankruptcy shall hare Judges may
full power and authority, upon application made to him for that purorder commis- pose, to direct such officer to enter upon the records of the court ang sions to be en- commission of bankrupt at any time heretofore issued, and the depos tered on tions and proceedings had and taken under the same, or such part record. parts thereof as such judge shall think fit: Provided always, That Certain matters shall and may be lawful for such officer to enter of record the sever may be entered matters directed by the said recited acts or either of them to be entered on application of record, upon the application of or on behalf of any party interested of parties. therein, without any special order for that purpose. Fiats to be en- V. That all fiats already issued or hereafter to be issued in lieu tered of record, commissions of bankrupt to be prosecuted elsewhere than in the sa: on application court of bankruptcy, and all adjudications of bankruptcy by the pe of any inter- sons named in such fiats to act as commissioners, and all ap intmen:
of assignees, and certificates of conformity, made and allowed unde such fiats, may and shall be entered of record in the said court bankruptcy, upon the application of or on behalf of any party inte rested therein, on the payment of the fees hereafter mentioned, with out any petition in writing presented for that purpose ; and that any on of the judges of the said court may, upon petition, direct any deposit tion or other proceeding under such fiat to be entered of record as afore
said. Fee for entry of VI. That there may and shall be paid for the entry of every commis commissions
sion and fiat the fee of two shillings, and for the entry of every certiti-24 and fiats.
cate of conformity and of every assignment the fee of six shillings eachill and for the entry of every examination such fee as the court of review shall from time to time fix and appoint, not exceeding the rate of on.hu shilling for every folio thereof, and for the entry of every adjudicatiorth of bankruptcy, deposition, appointment of assignees, and every othetic proceeding or matter relating to commissions or fiats, the fee of twin shillings each ; which fees shall be paid to the chief registrar for thit: time being, and shall be applied by hiin to the payment of the expence er
of such enrolment and the salary of such officer; and the balance thereof, No. II. f any, shall be applied to the payment of such other expences attending 1 & 2 W. 4, he said court of bankruptcy as the judges thereof, with the consent of c. 114. he lord chancellor, shall from time to time direct.
VII. That in the event of the death of any of the witnesses deposing Provision in o the petitioning creditor's debt, trading, or act of bankruptcy, under case of the iny commission or fiat already issued or hereafter to be issued, it shall death of wit. be lawful for the assignees appointed under such commission or fiat, nesses. and for all persons claiming through or under them, or acting by or under their authority, in the cases hereafter mentioned, to produce and read in evidence, in all courts of civil judicature, and in all civil proceedings, in maintenance and support of such commission or fiat, any deposition of such deceased witness relative to such petitioning creditor's debt, trading, or act of bankruptcy, which shall have been duly entered of record pursuant to the provisions of the said recited icts or of this act; and the production or reading of such depositions, or of any copy thereof, duly authenticated according to the provisions of the said recited acts or of this act, shall have the same effect as if the matters alleged therein had been deposed to by the same witness in such court according to the ordinary course and practice thereof : Provided always, that the before-mentioned depositions shall be read in evidence in such cases only where the party using the same shall claim, maintain, or defend some right, title, interest, claim, or demand which the bankrupt might have claimed, maintained, or defended in case no commission of bankrupt or fiat had issued, and shall not be read in evidence in any action or proceeding now pending by which the validity of any commission or fiat is or may be brought into question.
VIII. That no fiat issued or to be issued in lieu of a commission of No fiat to be bankrupt, whether prosecuted in the court of bankruptcy or elsewhere, received in evi. nor any adjudication of bankruptcy or appointment of assignees, or cer- dence unless tificate of conformity under such fiat, shall be received in evidence in any first entered of court of law or equity, unless the same shall have been first entered of record. record in the court of bankruptcy as aforesaid.
IX. Provided always, That upon the production in evidence of any Proceedings in commission, fiat, adjudication, assignment, appointment of assignees, bankruptey, certificate, deposition, or other proceeding in bankruptcy, purporting purporting to to be sealed with the seal of the said court of bankruptcy, or of any be sealed with writing purporting to be a copy of any such document, and purporting the seal of the to be sealed as aforesaid, the same shall be received as evidence of such court, to be re
ceived as evidocuments respectively, and of the same having been so entered of re
dence. cord as aforesaid, without any further proof thereof: Provided nevertheless, that all fiats, and proceedings under the same, which may have been entered of record before the passing of this act, shall and may, upon the production thereof, with the certificate thereon, purporting to be signed by the person so appointed to enter proceedings in bankruptcy, or by his deputy, be received as evidence of the same having been duly entered of record, any thing herein contained notwithstanding.
X. And whereas by the said recited act of the first and second years of Lord chanthe reign of his present Majesty it is amongst other things enacted, that cellor ein powseveral sums therein specified shall be paid into the bank of England, to ered to direct the credit of the accountant general of the high court of chancery, to an
certain monies account to be intituled “The Secretary of Bankrupts Account,” and that standing to the all monies so paid shall be subject to such general orders for the pur- secretary of poses therein specified as the lord chancellor shall prescribe; and it is bankrupts' acfurther enacted, that compensation shall be made to certain officers count to be therein named, in lieu of certain fees and emoluments by the said act carried to the abolished, and that for the purpose of raising a fund to meet the said secretary of of compensation certain sums in the said act specified shall be paid into bankrupts’
the bank, to the credit of the said accountant general, to a separate compensation account to be intituled “ The Secretary of Bankrupts Compensation account, and Y Y 2
No. II. Account : “ And whereas the sums paid in to the credit of the said firs 1 & 2 W.4, account are more than sufficient to meet the sums at present payable, c. 114 out of the same, and the sums paid in to the credit of the second-men
tioned account are at present insufficient to meet the payments directed to be made out of the same, and it may be expedient that power should be given to the lord chancellor to apply one of those funds in aid of the other, from time to time as occasion may require; be it therefore enat: ted, 'That it shall and may be lawful for the lord chancellor by his order! to direct, from time to time as he may see fit, that the monies standing to the credit of the account intituled “The Secretary of Bankrupts Account,” or so much thereof as he may find to be necessary, shall be carried over by the said accountant general to the credit of the account intituled “The Secretary of Bankrupts' Compensation Account," and the same when so carried over shall and may be applied in satisfaction of any sum or sums charged upon or made payable out of the said lastmentioned account; and in like manner to direct, from time to time as he may see fit, that the monies standing to the credit of the account intituled “ The Secretary of Bankrupts Compensation Account,” or se much thereof as he may find to be necessary, shall be carried over by the said accountant general to the credit of the account intituled, “The Secretary of Bankrupts' Account,” and the same when so carried over shall and may be applied in satisfaction of any sum or sums charged upon or made payable out of the said last-mentioned account.
[No. III.] 3 & 4 W. 4. c. 47.–An Act to authorize His
Majesty to give further Powers to the Judges of the Court of Bankruptcy, and to direct the times of Sitting of the Judges and Commissioners of the said Court.
[28th August 1833.] WHEREAS by an act passed in the seventh year of the reign of his 7 G. 4, c. 57.
late Majesty king George the fourth, intituled An Act to amend and consolidate the Laws for the Relief of the Insolvent Debtors in England, it is amongst other things enacted, That the court established for the relief of insolvent debtors in England shall be continued, and that the several persons appointed by his Majesty to be chief and other commissioners of the said court shall continue to be the chief and other commissioners of the said court, with all the powers, privileges, and authorities in the said act specified: And whereas by an act passed in the first and second years of the reign of his present Majesty, intituled An Act to establish a Court in Bankruptcy, it is enacted, That it shall be 1 & 2 W. 4, lawful for his Majesty, his heirs and successors, by a commission under c. 56. the great seal, to appoint one person to be the chief judge and three other persons to be other judges of the said last-mentioned court: And whereas such chief and other judges have been duly appointed under and by virtue of the said act: And whereas it has been found, that consistently with the vacation necessarily allowed to the commissioners of the first-mentioned court, and with the time occupied by them while they are on their several circuits, intervals occur in their sittings during whích prisoners who would otherwise be entitled to their discharge cannot obtain the same: And whereas there are not a sufficient number of such commissioners to enable them to extend their circuits to the principality of Wales ; of all which grievances repeated complaints have been made: And whereas the business of the said court of bankruptcy will allow time for the judges of the said court, other than the chief, some one or more of them, to discharge part of the duties vested in the commissioners of the said first-mentioned court: Be it enacted, &c., His Majesty, That it shall and may be lawful for his Majesty, his heirs and successors, may direct the from time to time, by commission under the great seal of Great judges, other
than the chief, Britain, to authorize and direct the judges of the said court of bank
of the bank ruptcy, other than the chief judge, any one or more of them, to act in
ruptcy court, to the said first-mentioned court as a commissioner or commissioners act in the inthereof, at such times and for such purposes as may in any such com- solvent debtors' mission be specified.
II. That the said judge or so to be named in the said commis- Such judges to sion shall have and may exercise all the powers, authorities, and privi- have the same leges, whether in the court house of the said first-mentioned court, or powers as the upon the circuit, or elsewhere, which by the said first-recited act are commissioners given to or vested in the commissioners of the said first-mentioned of the insolvent court, or any one or more of them.
debtors' court. III. That it shall and may be lawful for the said first-mentioned court Insolvent forth with, after such petition and schedule as are by law required shall court empow. have been filed in the said court by any prisoner lawfully entitled so to ered to order do, being in any gaol within the principality of Wales, to order such prisoners to be prisoner to be brought before one of the commissioners of the said first- brought before mentioned court or judges of the said court of bankruptcy (acting by one of the comvirtue of this act) proceeding on his circuit at such assize or other town missioners or or place within the county or county of a city or town wherein such judge of the
court of bank, gaol shall be situate, as may be directed by order of the said first-men
ruptcy. tioned court in that behalf; and the matters of the petition of such prisoner shall be heard by such commissioner or judge accordingly, who shall for that purpose have and exercise all the powers, authorities, and privileges which are by law now vested in such commissioners severally