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No. III. on circuit in England : Provided always, That nothing herein contai! 3 & 4 W.4, shall be construed to prevent the said first-mentioned court from ori.. c. 47. ing any such prisoner to be brought before the justices of the peace
the said act mentioned in cases where the said court may see fit so to : and that the matters of any such petition may be heard by such justice and all other proceedings had therein, in manner directed by the se
first-recited act. Clerks of the IV. That the clerks of the peace for the several counties within ti peace of princi- principality of Wales, or their deputies, shall bring to the place of hea pality of Wales ing of any petition of any such prisoner before such judge or commis to bring to the
sioner the duplicate of petition, and schedule, books, papers, and wt.place of hear
tings lodged with him, as by the said first-recited act the clerks of the ing petitions, the duplicate of peace in England and their deputies are required to do before the conpetition,
inissioners going circuits in England; and that such clerks of the peace schedule, &c. in Wales, or their deputies, shall do all such other acts at the time,
of such hearings, and be entitled to such fees and allowances, a are required of or allowed to clerks of the peace in England and the
deputies. Treasury may V. That it shall and may be lawful for the lord high treasurer or lori! direct payment commissioners of his Majesty's treasury of the united kingdom of Grea; of travelling
Britain and Ireland for the time being to direct that such sum or sur expences of
shall be paid as may appear fit and necessary for the defraying the trajudges, &c.
velling expences of such judge or judges, with their or his registrare deputy registrar, and other necessary officers, in the execution of the
duties under this act. Court of review
VI. That it shall and may be lawful for the court of review in bank.
ruptcy to order and direct any one or more of the registrars or depur; registrars
registrars of the said court of bankruptcy to attend any one or more on or deputy registrars to at.
the said judges in the discharge of their duties under this act, and 1 tend the said
give such attendance and perform such duties as the said court of review judges. may by any order direct. Powers given
VII. That it shall be lawful for his Majesty, his heirs and successors, to his Majesty by warrant under his royal sign manual, from time to time to authorize with respect to any one or more judge or judges of the said court of bankruptcy th: the court of exercise the same jurisdiction and powers in all respects as by the sal. bankruptcy. secondly-recited act is and are given to any three of such judges; an
also by any such or the like warrant to direct at what times the said court of review, and the judges or commissioners of the said hi court of bankruptcy, and every of them, shall respectively hold their a
sittings. Court of review VIII. That it shall and may be lawful for the said court of review to o may make or order that any costs, which by the said secondly-recited act are directed ders as to tax. to be taxed by one of the masters of the high court of chancery, sha" ing of costs. and may be taxed by one of the gistrars or deputy registrars of the de
said court of bankruptcy.
No. IV.) 5 & 6 W. IV. c. 29.–An Act for investing in
Government Securities a Portion of the Cash lying unemployed in the Bank of England belonging to Bankrupts' Estates, and applying the Interest thereon in discharge of the Expences of the Court of Bankruptcy, and for the Relief of the Suitors in the said Court; and for removing Doubts as to the Extent of the Powers of the Court of Review and of the Subdivision Courts.
[21st August 1835.] WHEREAS by an act passed in the first and second years of the 1 & 2 W. 4,
reign of his present Majesty, intituled An Act to establish a Court in c. 56. Bankruptcy, it was enacted, that it should be lawful for his Majesty, his leirs and successors, to establish a court of judicature, which should be called “ The Court of Bankruptcy,” and to appoint judges, commiszioners, and other officers of the said court; and that it should be lawful for the lord chancellor to choose official assignees to act in all bankruptcies prosecuted in the said court, and to collect the effects of bankrupts, and to pay the proceeds thereof into the bank of England to the credit of the accountant general of the high court of chancery, subject to the order of the lord high chancellor, or the said court or any judge thereof, as therein mentioned; and it was further enacted, That certain fees and sums of money specified in the said act should be received by the lord chancellor's secretary of bankrupts, and paid by him into the bank of England, to the credit of the said accountant general, to an account to be intituled “ The Secretary of Bankrupts Account,” and that there should be paid out of the monies standing to that account certain yearly sums specified in the said act as and for salaries to the judges and other officers of the said court for the time being; and it was further enacted by the said act, that certain annuities, the amount thereof to be ascertained and certified as in the said act is mentioned, should be respectively paid to the patentee for the execution of the laws and statutes concerning bankrupts, to certain persons then acting as commissioners of bankrupt in London, and to certain officers of the lord chancellor and of the high court of chancery mentioned in the said act, in lieu of and as compensation for certain fees and emoluments accustomed to be received by them, and which would by the provisions of the said act be wholly discontinued and abolished, out of the monies and securities standing to an account to be opened by the said accountant general, to be intituled The Secretary of Bankrupts Compensation Account;” and that certain fees and sums of money specified by the said act should be paid by the said official assignees into the bank of England to the credit of the said accountant general, to be carried to the said accounts respectively: And whereas his Majesty did, by virtue and in pursuance of the said act, establish the said court of bankruptcy, and did appoint judges and commissioners and registrars and deputy registrars of the said court : And whereas official assignees have been chosen by the lord chancellor to act in bankruptcies as aforesaid: And whereas the amount of certain annuities have been duly ascertained and certified, in pursuance of the said act, to be due and payable to the persons therein mentioned, in lieu of the fees and emoluments aforesaid: And whereas an account has been opened in the bank of England by the said accountant general, intituled “ The Secretary of Bankrupts Account,” and another account has been opened in the bank of England by the said accountant general, intituled " The Secretary of Bankrupts Compensation Account:” And whereas the said official assignees have paid into the bank of England in the name of the said accountant general divers large sums of money, which have been placed to the credit of
No. IV. the several bankrupts estates : And whereas there now is and has beeth 5 & 6 W. 4, for a long time a very large sum of money belonging to bankrupin c. 29. estates, or to suitors in matters of bankruptcy, standing in the name dea
the said accountant general, which lies dead and unemployed in the sati bank of England: And whereas it was necessary for the said accountar L general to appoint certain persons to act as clerks in the performans : and execution of the duties imposed upon him by the said act; but a provision is made by the said act for the salaries of the said clerks and ta the other expences necessarily incident to the performance of the said a' duties, other than out of certain fees directed to be paid to the chid to registrar of the said court: And whereas the business arising from the en duties imposed upon the said accountant general by the said act is gra dually increasing, and the present establishment of clerks is likely to be become inadequate to transact the same with that accuracy and despatcal a which is necessary for the public service: And whereas the payment a 01 the fees authorized by the said act, or a part thereof, will become unde- & cessary, and the same may be discontinued if another fund is provides t
for the payments now made out of the said fees by the authority of the a Part of the
said act : Be it therefore enacted, &c., That out of the cash belonging ta money in the the estates of bankrupts, or to suitors in matters of bankruptcy, thrib bank belonging
now lies or shall hereafter lie dead and uninvested on securities in te to bankrupts' estates to be
bank of England, in the name of the said accountant general, or of the carried to an
accountant in bankruptcy hereafter mentioned, any sum or sums de ti account to be exceeding in the whole the sum of three hundred thousand pounds shal or called." The and may, by virtue of any order or orders of the lord high chancellor tip 2: Bankruptcy be made for that purpose, from time to time be placed out in one entrs Fund AC- sum or in parcels, in the name of the said accountant general or of torte count."
said accountant in bankruptcy, after the appointment of the said lat pi mentioned accountant, on such government or parliamentary securitish as in and by such order or orders shall be directed; and such securities shall be carried to an account to be intituled “ The Bankruptcy Fund D Account,” subject to such rules and orders as the lord high chanceLab
shall think fit to prescribe for the purposes herein mentioned. Sum advanced II. And whereas the monies and securities standing to the credit d la to credit of
the said account, intituled “The Secretary of Bankrupts Compensatima bankrupts'
Account,” were in the month of August one thousand eight hundrei) o compensation and thirty-four found inadequate to meet the several payments then dalo account to be repaid by order
and payable thereout, and the sum of two thousand four hundred pound' u of lord Chan-was, on application to the lords commissioners of his Majesty's treasury a cellor. then advanced and paid by them, through the lord chancellor's secret a
tary of bankrupts, into the bank of England to the credit of the sail, account, for the purpose of enabling the several payments then due to be paid and discharged to the parties entitled thereto; but no power or authority exists under the provisions of the said first-recited act, o a otherwise, for the repayment of such sum out of the monies and securities standing to the credit of the said account; be it therefore enacted. That it shall be lawful for the lord high chancellor to order that the said sum of two thousand four hundred pounds so advanced and paid by the lords commissioners of his Majesty's treasury to the credit of the saici e account, intituled “The Secretary of Bankrupts Compensation Ac. count,” shall be repaid out of the monies and securities which now are or hereafter may be standing to the credit of such account, and the same shall be repayable and repaid accordingly, and until so repaid be considered a charge on such account; any thing in the said first-recited or other act or acts contained to the contrary notwithstanding.
f f Lord chancel- III. And whereas from the increased amount of the funds belonging lor to appoint to bankrupts estates, and the large number of accounts to which such accountant in funds belong, and which are daily augmenting, it appears that such bankruptcy. funds and such accounts cannot be properly protected and managed by
the said accountant general of the high court of chancery, and it is in expedient therefore that an officer experienced in and conversant with
Lle mode of keeping accounts, to be called “ The Accountant in Bank- No. IV. si sptcy,” shall be forthwith appointed to superintend and control the 5 & 6 W. 4, ore and management of the said funds; be it therefore enacted, That c. 29.
shall be lawful for the lord high chancellor for the time being to ominate from time to time as occasion may require some fit and proper * erson to be the accountant in bankruptcy; which officer so to be - ppointed shall hold his office during good behaviour, notwithstanding
ve demise of his Majesty, or any of his heirs or successors : Provided r Iways, that it shall be lawful for the lord high chancellor by any order
9 remove any such officer for some sufficient reason to be in such order xpressed.
IV. That at any time after the appointment of the said accountant in Bankrupts' e ankruptcy it shall and may be lawful for the lord high chancellor, by estates to be rany general or other order or orders, to direct that the whole or any part transferred into
of the cash, funds, or securities belonging to bankrupts' estates or to the name of the uitors in matters of bankruptcy, and then standing in the name or to accountant in he credit of the said accountant general of the high court of chancery, bankruptcy. it the bank of England, to the credit of any bankrupt's estate, or of any issignee or assignees of such estate, or in the matter of any bankruptcy, e forthwith paid and transferred into the name and to the credit of the said accountant in bankruptcy; and all such payments or transfers as how are or heretofore have been made into the bank in the name or to the credit of the accountant general of the high court of chancery in matters of bankruptcy shall, from and after the appointment of the said accountant in bankruptcy, be made in the name or to the credit of the said accountant in bankruptcy; and all cash, funds, or securities to be so paid or transferred as aforesaid shall be subject to such and the like provisions, regulations, rules, and orders as the same are or would have been subject to if paid or transferred in the name or to the credit of the said accountant general of the court of chancery, except as the same may be altered by this act, or any rule or order to be made by the lord high chancellor in respect of the same.
V. And whereas by an act passed in the sixth year of the reign of his So much of late Majesty king George the Fourth, intituled An Act to amend the Laws 6 G. 4, c. 16, relating to Bankrupts, it is amongst other things enacted, that the assig- as directs the nees shall file a certificate in the office of the lord chancellor's secretary filing of the of bankrupts, containing an account of the names of creditors to whom certificate and unclaimed dividends are due, and of the amount of such dividends; the investment, and power is thereby given for the investment of such dividends; and &c of un:
claimed divi. after the expiration of three years the lord chancellor is empowered to
dends,repealed. order the same to be divided amongst and paid to the other creditors in manner therein mentioned; be it enacted, that so much of the said act as directs the filing of the said certificate, and the investment, division, and payment of such unclaimed dividends, be and the same is hereby repealed.
VI. That air dividends unclaimed as herein-after mentioned, and also Unclaimed diany undivided surplus of a bankrupt's estate, over and above the amount vidends to be finally directed to be divided amongst the creditors of any bankrupt, paid into the shall be paid into the bank of England to the credit of the accountant bank to the general of the high court of chancery, or of the accountant in bank- credit of ac
countant generuptcy, when such last-mentioned officer shall have been appointed, to
ral, or when be carried to an account to be entitled “The Unclaimed Dividend
appointed, to Account,” subject to the order of the lord high chancellor, or of the the accountant court of review in bankruptcy, or of any commissioner of the said court, in bankruptcy. for the payment thereout of any dividend or dividends due to any creditor or creditors, and subject also to the order of the lord chancellor for the laying out and investment thereof in the purchase of government or parliamentary securities, which securities shall be carried to the before-mentioned account to be intituled “The Bankruptcy Fund Account,” and shall be subject to such rules and regula; tions as the said lord chancellor shall direct: Provided always, That
No. IV any order of any commissioner for payment of any dividend, un' 5 & 6 W.4, the provisions aforesaid, shall be subject to appeal to the said count c. 29. review.
VII. That if any assignee under any commission of bankrupt or How un
in bankruptcy now issued or hereafter to be issued shall have, eith claimed divi in his own hands, or at any bankers, or otherwise subject to his or. dends, &c. in or disposition, or shall know that there is or are in the hands or subthe hands of
to the order and disposition of himself and any co-assignee or coassignees to be signees, or of any or either of them, any unclaimed dividend or do disposed of.
dends amounting in the whole to the sum of twenty pounds, or any sus