disallowed. 11. Bills of costs must be written lengthwise, on one side only, and dates must be furnished to each item, such dates not to be written in the margin, which is to be left clear for taxation. 12. In special cases, where counsel are not instructed to appear in Court, a charge by the attorney for the preparation of minutes of fact or evidence for his own use may be allowed. N.B.-Other matters not herein provided for may be allowed on a similar scale, as nearly as may be, or in accordance with the practice of the superior Courts, according to the nature of the proceeding. Scale of Allowances to Witnesses. 11. Police constable The travelling expenses of the first five classes of witnesses will be allowed at the rate of 7d. per mile, and the others at 5d. per mile one way, where no railway is available, or travelling expenses actually incurred, in the discretion of the taxing officer; the travelling expenses of female witnesses, 7d, or 5d., according to their station. Governors of gaols bringing up prisoners Travelling expenses of gaoler bringing up prisoner under warrant, in addition to the above allowance, 7d. per mile one way for each (himself and prisoner), or the amount actually paid, and for the prisoner's safe custody and refreshment, in the discretion of the taxing officer. 0 3 0 0 10 110 to 1 11 6 The following charges to the end are to be subject to variation by the trustees, with the consent of the committee of inspection, or of the Court where there is no committee: After to After to After to 1,000/. 57. per cent. If the above be sold by valuation, 2/. 10s. and 17. 5s. per cent, beyond. Sales by auction of estates, freehold, leasehold, &c. : 57. per cent, on the first 3007. £ 8. d. £ s. d. 1. Bankers, merchants, esquires, and gentlemen. 2. Professional men 3. Auctioneers and accountants 4. Notaries 1 1 0 1 0 3 3 0 221 000 Farming stock 57, per cent. on the first 1007., and 27. 108. on the remainder, When sold by valuation, half the above charges. Costs of Surveys, Dilapidations, and Specifications, THE BANKRUPTCY ACT, 1869. Attending Court each sitting Serving every debtor's summons, bankruptcy petition, or subpœna Insertion in Gazette Executing every warrant of seizure, or search warrant, or wariant I, the Right Honourable William Page Baron Hatherley, Lord High Chan-Keeping possession-for each day the man is actually in possession; cellor of Great Britain, do hereby, by virtue of the power vested in me by the Bankruptcy Act, 1869, order that the London Bankruptcy Court shall have a seal describing such Court as "The London Bankruptcy Court;" and that every County Court shall have a seal describing such Court, as it is now described by the seal hitherto used in every such Court respectively. 1st January, 1870. FEES. THE BANKRUPTCY ACT, 1869. HATHERLEY, C. including affidavit of possession being actually kept (3s. 6d. of the above sum is to be paid to the man in possession, High Bailiff's, or in the London Bankruptcy Court officer's man, 3 3 COO 0 3 630 0 4 6 If High Bailiff of a County Court or officer of London Bankruptcy I, the Right Honourable William Page Baron Hatherley, Lord High Chan-If cellor of Great Britain, do, by virtue of the powers vested in me by the Bankruptcy Act, 1869, prescribe that the scale of fees hereto annexed shall be the scale of fees to be charged for any business done by any Court or officer under the said Act. For despatching notice to creditors or others, exclusive of postage, each notice Every application for an order of discharge · Every special resolution presented to a Registrar for registration Every extraordinary resolution presented to a Registrar under On certified statement to be forwarded by the trustee to the Comp- Stamp duty. 40000000 If High Bailiff of a County Court or officer of London Bankruptcy 0 10 0 0 10 0 Where an inventory is deemed requisite, and is directed by the trustee to be taken by a High Bailiff or officer of the Court, a proper remuneration may he allowed for taking it, having regard to the time occupied, and the nature of the property included in it. Where no trustee is appointed by the creditors, or where there is a vacancy in the office of trustee, and the bankruptcy is carried on with the aid of the 50 Registrar as trustee for realization of the estate 51. per cent. on the first amount of 1007. or any less sum realized by the Registrar; 24 per cent. on the next amount of 4007. or any less sum; 1 per cent. on the next amount of 505007. or any less sum; and one-eighth per cent, on all further suus. 14404110 5 TABLE C. The fees and allowances payable on proceedings had after the thirty-first day 0 0 of December 1869 in respect of any matter which was pending in any Court having jurisdiction in bankruptcy on the said day shall be the same as if those proceedings had been taken before such day, and shall be applied to the same purposes. We, the undersigned Lords Commissioners of Her Majesty's Treasury, do hereby sanction the foregoing scale of fees, and do direct that the fees to be taken by stamps shall be those mentioned in Table A., and that the fees mentioned in Table B. shall be taken in money, and that the fees and allowances referred to in Table C. shall be taken by stamps or money according as they have hitherto been taken. And we further direct that the stamp shall be affixed or the money paid in respect of every fee before the proceeding is had in respect of which the fee is payable, and that the charge to be made by the London Gazette for the insertion of each notice authorized by the Act or Rules shall be three shillings. We, GEORGE LAKE RUSSELL, JOHN BURY DASENT, JOHN WORLLEDGE, RUPERT ALFRED KETTLE, and WILLIAM FURNER, being Judges of County Courts appointed to frame Rules and Orders for regulating the Practice of the Courts, and Forms of Proceedings therein, under the 32nd section of "The County Courts Act, 1856," have, under the powers vested in us by the said Act and by "The Debtors Act, 1869," framed the following Rules and Forms, and we do hereby certify the The Rules, Orders, and Forms now in use in the County Courts, numbered respectively 135, 136, 137, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, and 168, shall, on and from the 1st day of January, 1870, cease to be used, and in lieu thereof the following shall, on and from such day, be the Rules and Forms in force and used [32 & 33 Vict. c. 62; 9 & 10 Vict. c. 95, s. 142.] In the following Rules the word Act shall mean the Debtors Act, 1869; and the words "clear days" shall mean that in all cases in which any particular number of days is prescribed for the doing any act or for any other purpose, the same shall be reckoned exclusive both of the first and of the last day; and unless there be something in the context inconsistent therewith, the provisions of s. 142 of The County Courts Act, 1846, 5. Where a party desires to enforce by commitment in any County Court a judgment, decree, or order of a Superior Court of law or equity, or of any other competent Court, he shall obtain from such Court an and shall file such office copy, together with an affidavit of the sun office copy of the judgment, decree, or order he desires so to enforce, then due thereon, with the Registrar of the Court of the district in which the party, against whom the same is to be enforced, resides or 6. The Registrar of the Court to which the application for a judg. ment-summons is made shall, upon delivery to him of the certificate of the County Court, or office copy of the judgment, decree, or order of any other Court, file the same and issue thereon a judgment- 7. [Form 5.] Every judgment-summons shall be according to the form in the schedule, and be issued not less than ten clear days, and 8. Where the person applying for the judgment-summons shall state 1. No order of Commitment under the Act shall be made unless a ment-summons, shall have been personally served upon the judgment 2. [19 & 20 Vict. c. 108, s. 48.] A judgment-summons shall not be issued by a Court unless the debtor resides or carries on business within its district, or unless leave of the Court under s. 48 of The County Courts Act, 1856, has been obtained. 3. [Form 1.] An application by a judgment creditor for the issue of a judgment-summons under the Act shall be in writing, signed by the applicant or his agent, according to the form in the schedule. 10. No successive judgment-summonses shall be issued. 11. The hearing of a judgment-summons may be adjourned from 12. Any witness may be summoned to prove the means of the judg- ment debtor, in the same manner as witnesses are summoned to give 13. Upon the issue of a judgment-summons against a party upon an order or judgment of the Court issuing the judgment-summons the ment-summons to a County Court other than the County Court in cause. under the new order shall be made into, and execution thereupon against the goods shall be issued by, the Court which has so altered the order. 15. Where a certified copy of a judgment is obtained from the Registrar of a County Court, he shall make on the minute of the judgment a memorandum of having given such certificate, and no warrant of execution against the goods or judgment-summons upon such judgment shall issue from such Court, unless it be shown to the satisfaction of the Court or Registrar that no order has been made against the execution debtor in any other Court. Order of Commitment. 16. [Forms 7, 8.] An order of commitment made under the Act shall be according to the form in the schedule, and shall, on whatever day it may be issued from the Registrar's office, bear date on the day on which the order for commitment was made, and shall continue in force for one year from such date and no longer. 17. [9 & 10 Vict. c. 95, s. 102.] When an order of commitment for non-payment of money is issued the defendant may, at any time before his body is delivered into the custody of the gaoler, pay to the bailiff the amount indorsed on the order as that, on the payment of which, he may be discharged; and on receiving such amount the bailiff shall discharge the defendant, and shall within twenty-four hours after receiving such amount pay over the same to the Registrar of the County Court of which he is an officer. 18. The sum indorsed on the order of commitment, as that upon payment of which the prisoner may be discharged, may be paid to the Registrar of the Court from which the commitment order was issued, or to the gaoler in whose custody the prisoner is. Where it is paid to the Registrar he shall sign and seal a certificate of such payment, and upon receiving such certificate by post or otherwise, the gaoler, in whose custody the prisoner shall then be, shall forthwith discharge such prisoner. And where it is paid to the gaoler, he shall, upon payment to him of such amount, together with costs sufficient to pay for transmitting such amount to the Court under the order of which the prisoner was committed, by Post Office order, sign a certificate of such payment and discharge the prisoner, and such costs of transmission shall be part of the prescribed costs. 19. [Form 9.] A certificate of payment by a prisoner shall be according to the form in the schedule. 20. Orders of commitment against the same party may be issued concurrently into more than one district; provided that the costs of one order only shall be allowed unless the judge shall otherwise direct. 21. On the hearing of a judgment-summons, where a warrant against the goods has been issued, the costs of such warrant shall not be allowed as against the judgment-debtor, unless the judge be satisfied that there was reasonable cause for issuing the warrant. 22. The costs of a judgment-summons shall not be allowed against the judgment debtor, unless some order shall be made thereon; but where an order is made on a judgment-summons the judge may, in 2. his discretion, allow the costs of any previous judgment-summonses which have not been served by reason of the judgment debtor having evaded service. 23. Costs of orders of commitment, whether executed or unexecuted, shall be allowed against the defendant, unless the judge shall otherwise direct. 24. [32 & 33 Vict. c. 71, ss. 125, 126.] An order of commitment under the Act shall not be available against a bankrupt in respect of any debt incurred previous to his order of adjudication, or against any debtor whose debts have been liquidated under section 125 of the Bankruptcy Act, 1869, in respect of any debt incurred previous to the liquidation, or against any debtor from whom a composition has been accepted under section 126 of the said Act, in respect of any debt due to a creditor, whose name and address, and the amount of whose debt was shewn in the statement of the debtor produced to a meeting of his creditors, as required by such section. [A.B., Judgment Creditor, or C.D., Agent to the Judgment Creditor.] 187, on the Judge of the said Court. day of Note as by the Debtors Act, 1869, a person can only be committed upon making default in payment of any debt, or instalment of any debt, due from him in pursuance of any order or judgment; costs subsequent to the judgment or order must not be inserted on the certificate. |