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PART IV.

(DIVIDEND.) shall not have been sold in manner herein provided, and as to any future acquired property of the Bankrupt, if made liable to the creditors under the conditions of discharge, represent the estate in all respects as the sole Assignee thereof, and shall have and exercise all the rights, duties, powers, and authorities conferred by this Act upon Official and creditors' Assignees. (B. A. 1861, sec. 182.) When the affairs of the Bankrupt are fully wound the Court may, subject to the directions of any general order, make from time to time such orders as in each case seem fit, respecting the disposal or custody of any books, papers, or documents relating to property or affairs in the possession or under the control of the Official Assignee, the Creditors' Assignee, or any other person. (B. A. 1861, sec. 138.)

Disposal, or custody of Bank

rupts' books and papers, after his affairs are wound-up.

Unclaimed

to the account of

the chief Registrar.

up,

All unclaimed dividends, save dividends declared Dividends, after before the passing of this Act, and all monies the expiration of 12 months, unclaimed, the produce of any Bankrupt's estate to be paid over shall, after the expiration of the period of twelve months from the dividend having been declared, or from the time at which any other monies unclaimed shall have come to the hands of the Assignee, be transferred to the credit of "The Unclaimed Dividend Account," subject to the order of the Court for the payment thereout of any dividend due to any creditor, or for the distribution of any such other unclaimed money; and the interest and profit arising from the said account, shall from time to time be paid over to the account of the Chief Registrar. (B. A. 1861, sec. 184.)

FEES AND COSTS IN BANKRUPTCY.

(COUNTY COURTS.)

(APPENDIX A A.)

Documents.

Every petition when presented to a county court by debtors whose debts do not exceed £300

Every order of discharge

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Every application for search for petition, or other proceeding..
Every application for any meeting in any matter under this

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Act Every allocatur by any officer of the court for any costs, charges, or disbursements,-where such bill of costs shall not exceed £5.

Exceeding £5 and not exceeding £10

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On an adjourned meeting or sitting..
For office copies of proceedings, each folio of 90 words, sec.
53, 12 and 13 Vict. c. 106

Drawing statement of account under sec. 143, if the Bankrupt
require assistance in that behalf, and report upon the state
of the Bankrupt's affairs, per folio..

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Engrossing two copies, one to file and one to keep, per folio
Drawing abstract of account, sec. 142
Paid for printing ditto

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Sending copy by post to each creditor who has not proved, including postage

Preparing list of creditors entitled to dividend (sec. 178), and forwarding statement by post; each creditor, including postage

A per-centage on the estate collected by the Official Assignee, of £5 per cent. on the amount collected.

£ s. d.

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N.B.-In charging for drawing, engrossing, or copying any matter mentioned in the foregoing Schedules, to which printed forms are applicable, the printed words are not to be computed by the folio, but the paper and print may be charged for as two folios, at the rate fixed for drawing, engrossing, or copying, as the case may be.

(APPENDIX C C.)

Messenger's Fees.

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£ s. d.

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Attending Court on adjudication and serving duplicate on the Bankrupt, and affidavit of service.. Preparing and executing warrant of seizure, when directed by the Official Assignee to take possession Keeping possession-for each day the man is actually in possession; including affidavit of possession being actually kept 0 4 6 3s. 6d. of the above sum is to be paid to the man in possession, and his receipt produced.

Summons to surrender, and service..

Preparing advertisement for Gazette and attending to insert
If advertisement comprises more than one Bankruptcy in one
advertisement, each after the first ..

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The fee and payments are to be apportioned by the taxing officer amongst the Bankruptcies included in one advertisement as may appear to be fair and reasonable

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The like charge for newspapers

Attending Court, each sitting or meeting

Preparing warrant to bring up Bankrupt, and transmitting the same to gaoler..

On commitment of any person by Judge, executing the warrant (besides necessary expenses out of pocket to be also submitted to and taxed by the taxing officer).

Messenger's man travelling to place of possession, or to execute warrant of commitment, or for any other purpose specially directed by the Court, per mile

His time, per day

His expenses, per day

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£ s. d.

If messenger directed by the Court personally to travel, per mile O

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his time, per day

his expenses, per day

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Preparing and service of notice to creditors by post, each creditor
(To include postage and affidavit of service.)
Ditto, if required by Judge to be served personally..
Mileage beyond three miles, per mile extra ..

The same charges for serving summons on witness, &c. and
mileage.

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When an inventory is deemed requisite and is directed by the Official Assignee to be taken, a proper remuneration may be allowed for taking it, having regard to the time occupied and the nature of the property included in it.

(APPENDIX D D.)
Solicitor's Costs.

The bills of costs of solicitors, in respect of matters of Bankruptcy transferred to a County Court, either by the Court of Bankruptcy in Lon don, or by a resolution of the creditors of a Bankrupt, and in respect of all appeals from the decision or order of a Judge of a County Court, shall be taxed, settled, and allowed on the scale annexed to the General Order in Bankruptcy dated the 19th May, 1855.

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Notice in writing to keeper of the prison or gaol of intention to
petition when petitioner is in custody

Drawing and engrossing petition, including parchment or paper
Paid stamp

Attending reading over and attesting signature

Drawing affidavit of verification and attending to be sworn Paid oath, when any fee is paid, but whenever practicable the oath should be taken before a Registrar

Attending to file petition and attending upon adjudication Attending Official Assignee with or instructing him as to the books and property of Bankrupt, if any

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Attending messenger, instructing him to prepare warrant to bring up Bankrupt to surrender

Paid gaoler's fee

Ditto do. travelling expenses, if at a distance from the Court, at 10d. per mile one way, for the two, gaoler and prisoner, or sum actually paid at discretion of taxing officer Notice to execution creditor or solicitor of application for release and postage

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If any detaining creditors, each, including postage
Affidavit of notice and attending to be sworn, if execution or
detaining creditor do not appear

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The same for each detaining creditor
Attending Court when discharge ordered absolutely or upon
conditions, and drawing order

Attending meeting of creditors, if it do not exceed three hours
For every hour after three, if the Registrar shall give a certifi
cate that such attendance was necessary and proper to be
allowed,

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General Charges.

Attending to bespeak, and for copy of proceedings..
Paid for same at the rate of 1d. per folio of 90 words.
Instructions for special affidavits

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If by agent, the solicitor being resident at a distance, and including letter of instruction

Two or more sittings or adjourned sittings held in the same Bankruptcy at the same time are to be considered as one sitting only.

Solicitors residing at a distance from the Court are not to be allowed for travelling and loss of time in attending the Court beyond the amount allowed for attendance by agent, except by the special direction of the Commissioner or Judge given at the time of the sitting.

Notice of the filing of the petition or of adjudication, if necessary, and service

Drawing summonses for witnesses and copy and personal şervice, except summons which should be served by the messenger, each

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Attending to bespeak, and for copy of the statement of account sec. 141 for creditors' assignee

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