No. IV. c. 29. ch further order as to costs as the justice of the case shall seem to quire: Provided always, That no such certificate as aforesaid of any 5 & 6 W. 4, claimed dividend or dividends shall be filed until the expiration of e year after the declaration and order for payment of such dividend dividends. VIII. That the said accountant general in chancery or the said Certificates to countant in bankruptcy, as the case may be, shall, on the application be given to asany assignee or assignees, give to him or them a certificate or certi- signees, on proates stating the amount of any sum or sums of money which he or duction of ey may be desirous of paying into the bank of England under the which bank of ovisions aforesaid; and on the production of such last-mentioned cer- England shall receive the sums therein ficate or certificates the governor and company of the bank of England all receive the sum or sums therein mentioned, and give a receipt or mentioned, and ceipts for the same, and shall forthwith carry the same to the credit give receipts for the said accountant general or the accountant in bankruptcy, as the the same. ise may be, to the said account intituled "The Unclaimed Dividend ccount;" and every such certificate and receipt shall be given without se or reward. IX. That the interest and dividends of all the securities to be pur- Interest to be hased under the authority of this act shall from time to time be re- received by the eived by the governor and company of the bank of England, and be governor and arried to an account to be intituled Interest arising from the Bank- company of the uptcy Fund Account," to the credit of the accountant general in hancery or the accountant in bankruptcy, as the circumstances may equire. bank. lord chan X. That out of the interest and dividends of the government or parlia- Salaries and aentary securities to be purchased under the authority of this act, and other expences ut of the interest and dividends of any government or parliamentary to be paid out ecurities to be hereafter purchased and placed to the said account to be of the same by ntituled “The Bankruptcy Fund Account," there shall be paid by the direction of the governor and company of the bank of England, by virtue of any order cellor. or orders of the lord chancellor to be made for that purpose, to the said Accountant in bankruptcy, such salary or yearly sum as the lord high chancellor may by any order or orders direct, not exceeding the yearly sum of eight hundred pounds, and also to the clerks of the said accountant in bankruptcy such sums by way of salary as the lord chancellor shall by order direct, and also any further sum to the said accountant in bankruptcy which may be necessary or expedient to defray the expences of stationery, and other necessary expences of the said accountant, if any, to be by him incurred in discharge of the duties imposed upon him by this act; such several salaries or yearly sums before mentioned to be paid quarterly, free of charges; the first quarterly payment to the accountant in bankruptcy for the time being to commence from the day of his appointment, and as to the said clerks to commence from the eleventh day of January one thousand eight hundred and thirty-five, or from such other day as may in any such order be specified: Provided always, that nothing herein-before contained shall authorize the lord chancellor to order the payment in any one year of any sum exceeding the sum of one thousand pounds for the payment of the salaries of the said clerks, and the discharge of such expences of stationery and other incidental expences as aforesaid. XI. That it shall and may be lawful to and for the lord high chancel- Lord chancellor, upon the requisition of the said accountant in bankruptcy for that lor may appoint purpose, to appoint one or more, not exceeding five, persons to be clerks additional to the said accountant, and to order such yearly salaries as aforesaid to clerks, if nebe paid to them. cessary. XII. That the salaries herein-before provided shall be in lieu of all Accountant not fees and emoluments whatsoever; and that all such fees and emoluments, to retain fees. whether for commission, brokerage, or otherwise, as are now receivable by the said accountant general of the court of chancery in matters of bankruptcy, shall, from and after the appointment of the said account No. IV. 5 & 6 W.4, c. 29. ant in bankruptcy, be received by him, and paid into the bank in name of the said last-mentioned accountant, and be carried to the c of the said account to be intituled "Interest arising from the Ba ruptcy Fund Account," and be applicable to all the purposes of the account. Retiring allow- XIII. And whereas Charles Elley, the chief clerk in the office of ance to Charles lord chancellor's secretary of bankrupts, is now of the age of seve Liley. years and upwards, and has been upwards of fifty years in the ab office, and from rheumatism and other bodily infirmities is become capable of giving full attendance so as effectually to discharge the duer of the said office, and the emoluments of his said office were very m reduced by the operation of the said first-recited act, and the said Chr Elley is desirous to be allowed to retire from the said office by reason r such infirmities; be it therefore enacted, That it shall and may be law for the lord high chancellor, upon the retirement or removal from said office of the said Charles Elley, to order and direct that there stil be paid to him during his life such annual sum not exceeding four bales dred pounds per annum as to the said lord chancellor shall seem fit, 51 € annual sum to commence on the retirement or removal of the said Chard the Elley as aforesaid, and be payable at such time or times as the said in chancellor shall direct; which said annual sum shall be chargeable ma b and payable out of the said account intituled "The Secretary of B rupts' Compensation Account." Lord chan cellor may di rect interest count. XIV. That it shall be lawful for the said lord high chancellor, by order or orders to be by him from time to time made for that purper to order and direct that all or any part of the interest and dividends th from securities be carried to the said account to be intituled “ Interest arising from the to be carried to Bankruptcy Fund Account" may be carried over to the said accounof the secretary of respectively intituled "The Secretary of Bankrupts' Account" a bankrupts' ac"The Secretary of Bankrupts' Compensation Account," or either pa them, and that the same may be applied in payment or in part satissto tion of the annual and other sums now or hereafter to be charges upon and made payable out of the sums directed to be carried to in said last-mentioned accounts or either of them, and also to direct tatar the salaries and other sums by the said first-recited act directed to r chargeable upon or payable out of the fees by the said act directed an be paid to the chief registrar of the court of bankruptcy may be pap out of the said interest and dividends, as the said lord high chances shall in his discretion see fit, so that the salaries and other expences an the said court being provided for out of the interest and dividends to raised as aforesaid, the fees and other sums by the said act directed be paid may be abolished or reduced as the said lord high chance of may find himself from time to time enabled to abolish or reduce Salaries to be paid on such days as the chancellor shall direct. If the fund is not sufficient at same. XV. That it shall and may be lawful to and for the said lord ha chancellor, by any order or orders, to direct that all and every or a of the salaries by this act, or the annuities by way of compensation the said first-recited act, made payable, or any part of any such salar or annuity, shall and may be paid respectively on such days and by suc yearly or other payments as in the said order or orders shall be specific and in case of the death, resignation, or removal of any of the officer or persons entitled to salaries or annuities as aforesaid, by the same other order or orders to direct that the proportion of any salary or a ti nuity payable as aforesaid which may become due to any officer or pa son as aforesaid between the time to which any such salary or annu may have been then last paid or payable and the time of any such deat resignation, or removal, shall be paid to the said officer or other pers so resigning or being removed, his executors, administrators, or assign or to the executors or administrators of any officer or other such per son so dying. XVI. That if at any time hereafter the whole or any part of the mon No. IV. c. 29. zed out in pursuance of this act shall be wanted to answer any of the aands due in respect of the said bankrupts estates, then and in such 5 & 6 W. 4, e the said lord high chancellor may and shall direct the whole or any st of the securities in which the same may be placed to be sold and posed of, and the money arising from such sale to be paid into the any time then ik of England in the name of the said accountant general in chancery the securities to the accountant in bankruptcy, in such manner as the said lord chan- be sold. lor shall direct, in order that the demands due in respect of the said akrupts' estates may at all times be fully paid out of the common and neral cash belonging to such estates. XVII. That it shall be lawful for the lord high chancellor, by any Securities purder or orders, to authorize the change of the securities to be purchased chased may be rsuant to this act, or any part of the same. changed. XVIII. And to the end that no suitor or suitors of the said court of Cash in the nkruptcy may be delayed in payment of any money due to him, her, bank belonging them, but that every one may receive his or her full demand whenso- to bankrupts' er he or she shall apply for the same, in the most easy and expediti- estates to be is way; be it enacted, That all the money and cash now deposited in one common ie bank, or that shall at any time hereafter be paid into or deposited and general the bank, on the account of bankrupts estates or in any matter of ankruptcy, shall be and be accounted and taken to be one common ad general cash, and shall be promiscously issued and issuable for the aswering, paying, and clearing the debts and demands thereon. cash. XIX. That out of the interest and dividends of the said government Expences of r parliamentary securities to be purchased as aforesaid the costs, proceedings harges, and expences of all proceedings to be had under this act shall under this act e paid by the governor and company of the bank of England by virtue to be paid out f any order of the said lord high chancellor. of the fund. to consist of one chief judge and two judges. XX. Provided always, That if at any time hereafter the whole or any If money not art of the money to be laid out in pursuance of this act shall be wanted sufficient for o answer the demand of any bankrupts or their creditors or other per- the purposes of sons interested therein and the stocks, funds, and cash then standing this act, the n the name of the said accountant general in chancery or the accoun- same to be ant in bankruptcy to the several accounts before mentioned and made good by created by this act, or either of them, shall not be sufficient to answer parliament. and satisfy the said demands, then the same money taken for the purposes and by virtue of this act shall be and shall be considered a debt due from the public, and to such extent as may be necessary shall be answered and made good by parliament accordingly. XXI. And whereas by the firstly herein-before recited act it is enacted Court in future that there shall be chief judge and three other judges of the said court of bankrupcy, and that there shall be two registrars and eight deputy registrars of the said court: And whereas a vacancy having occurred by the death of one of such judges, such vacancy has not been supplied, and it appears that the duties of the said court may be effectually performed by the chief judge and two other judges; be it therefore enacted, That hereafter there shall be only two judges of the said court other than the chief judge; and it is also appearing that upon the appointment hereby authorized being made of an accountant in bankruptcy, part of the duties now performed by the chief registrar of the said court may be discharged by such accountant, so that the duties now performed by the two registrars and the two deputy registrars not attached to the commissioners of the said court may be discharged by two registrars and one deputy registrar; be it therefore enacted, that as and when any In the event of vacancy may occur by the death, removal, or retirement of any one of death or rethe said registrars, such vacancy shall be supplied by the deputy regis- moval of a registrar,vacancy trar acting under the registrar by whose death, removal, or retirement to be supplied such vacancy shall occur; and that when any vacancy shall occur by by deputy rethe death, removal, or retirement of either of the said two last-mentioned deputy registrars, such vacancy shall not be supplied so as to provide under him. altogether for more than two such registrars, and one such deputy registrar other than the six deputy registrars attached to the com gistrar acting No. IV. 5 & 6 W. 4, c. 29. missioners aforesaid; and it shall be lawful for the court of review, who por and as any such vacancy shall occur, to make such general orders as jui the duties to be performed by such registrars and deputy registrar rec they shall think fit. ef Annual returns XXII. That within two months from the first day of January in eve her to parliament. year returns shall be presented to parliament if then sitting, and if 1 of 1 then within one month after parliament shall have assembled, by reme said accountant general of the court of chancery or the accountant a cor bankruptcy (as the case may be), of the net amounts at the credit of the said accountant on the said first day of January on each of the following th distinct accounts, which returns shall respectively specify the amous f transferred and paid out as dividends, and the amount paid by orders a en court or of the judges, and shall also show the unappropriated balang cr then existing on each account; videlicet, First, The Bankruptcy Fere Account; Second, The Interest arising from the Bankruptcy Funk Account; Third, The Unclaimed Dividend Account; Fourth, Tof Secretary of Bankrupts' Account; Fifth, The Secretary of Bankrupt Compensation Account; the Fourth and Fifth of such Accounts to h appendixes attached to them, detailing all payments made from s accounts, and to whom made, and whether as salaries, compensation or other allowances. Mode of forming subdivision courts in case of non-attendance of any commissioners of the division to which cause is referred. Fees. n te XXIII. And whereas by the said first-recited act it is enacted, Tr p the six commissioners therein mentioned may be formed into two S division courts, consisting of three commissioners for each court, for th purposes therein mentioned; and that all references and adjournme by a single commissioner to a subdivision court by virtue of fe said act shall be to the subdivision court to which he belongs, unie c the said commissioner, in case of the sickness of some one or more the commissioners of such subdivision court, or for other sufficie cause, shall think fit otherwise to direct; be it enacted, That in case the nonattendance of any one or more of the commissioners of either the said subdivision courts, to be duly summoned for that purpose, reference shall not be of necessity to the other subdivision court, but shall and may be lawful for the remaining commissioner or comm sioners of such subdivision court to call in and require the attendanch of either or any of the commissioners of the other of the said su division courts, and that such commissioners may form a subdivisic: court for the purposes of the said recited act as fully and effectually either of the two subdivision courts so now authorized to be formed as a aforesaid. Power given to XXIV. That the said court of review and either of the said subdiv courts to admi- sion courts, and also any judge or commissioner of the court of bank nister oaths on ruptcy, shall have power to administer oaths on affidavits to be swor affidavits. before them respectively in matters of bankruptcy in all cases wher the same may be administered by a master in ordinary or extraor dinary of the high court of chancery, and to take for every suc oath, except where such oath shall be administered to an affidavit enti tled in the court of bankruptcy or in the court of review, the fee of one shilling and sixpence, which said fee shall be payable and paid accordingly; and that all such fees shall be accounted for and paid over to the chief registrar of the said court of bankruptcy, an be carried to the account of the second schedule of fees annexed to the said first-recited act, and be applied to the purposes of the said schedule. Court of review XXV. And whereas doubts have been entertained whether, by the and subdivision terms of the said first-recited act, the said court of review and subdicourts declared vision courts have been effectually made courts of record; and whether to have been the said courts have upon an examination before them the same powers courts of record of commitment for the purpose of enforcing discovery as were vested from the pass in commissioners of bankrupt under the acts of parliament relating to ing of 1 & 2 bankrupts in force at the time of the passing of the said first-recited W. 4, c. 56. act; and it is expedient that such doubts be removed, and that such C 0 a wers as are herein-after mentioned should be given to the several lges and commissioners acting under the authority of the said firstcited act; be it enacted, and it is hereby declared, That the said court review and the said several subdivision courts respectively shall enceforth be, and shall be deemed and taken from and after the passing the said first-recited act to have been courts of record, and shall and ay have and exercise all such powers of commitment as were vested in mmissioners of bankrupt acting as such at the time of the passing of e said first-recited act, and shall and may have, use, and exercise all e powers, rights, privileges, and incidents of a court of record, as lly to all intents and purposes as the same are used, exercised, and joyed by any of his Majesty's courts of law at Westminster; and all ders heretofore pronounced and all acts done by the said court of eview and subdivision courts respectively shall be deemed and taken to ave been pronounced and done by the said courts respectively as courts f record; and every judge or commissioner appointed or to be apointed by virtue of the said first-recited act sitting alone and acting in xecution of the duties imposed upon him as such judge or commisioner shall have, use, exercise and enjoy all the powers, rights, privieges, and exemptions of a court of record: Provided always, That othing herein contained shall be deemed or taken to authorize or emDower any such judge or commissioner sitting alone to impose any fine r commit for a contempt of court, but every contempt of any such udge or commissioner sitting alone and acting as aforesaid shall be ognizable by the said court of review, to which the same may be reerred by any such judge or commissioner as aforesaid; and the said court of review shall have full power to deal with the same as a conempt of the said court of review: Provided also, That nothing herein contained shall be deemed or taken to diminish or affect the power by he said first-recited act given to any such judge or commissioner of committing any person examined before him to any messenger or other officer of the court of bankruptcy. XXVI. That the powers and authorities given by this act to the lord As to the exerhigh chancellor shall and may be exercised in like manner and are cise of the hereby given to the lord keeper or lords commissioners for the custody powers given of the great seal respectively for the time being. by this act. XXVIII. That this act shall be deemed and taken to be a public act, Public act. and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded. |