PART I. Power to direct Indictment. Rules as to grauting Orders other than those so defrayed in accordance with the next following clause (224), shall be paid out of the account intituled "The Chief Registrar's Account." (B. A. 1861, sec. 223.) The Court may direct the Assignees to lay the papers before the Attorney General (or the Solicitor General during a vacancy in the office of Attorney General) for his direction thereon, either while the Bankruptcy is pending before the Court or when it has been brought to a conclusion. (B. A. 1861, sec. 224. In any Indictment or Information for any misdemeanor under this Act, it shall be sufficient to set forth the substance of the offence charged, without alleging or setting forth any debt, act of Bankruptcy, petition, or adjudication, or any summons, warrant, order, rule, or proceeding of or in any court acting under this Act. (B. A. 1861, sec. 225.) In granting orders of Discharge the following of Discharge. rules shall be observed : If Bankrupt misdemeanor for trial. Jury may be 1. If on the hearing of any application for an order of Discharge the assignees or any creditor shall allege, and if with or without such allegation the Court shall be of opinion that there is ground for charging the Bankrupt with acts or conduct amounting to a misdemeanor under this Act, the Court shall, if the Bankrupt consent thereto, direct a clear statement, in writing, of the charge to be delivered to the Bankrupt, and shall appoint a day for trying the Bankrupt on such charge, and if the Bankrupt require it, shall summon a jury for such purpose, and may direct the Creditors' Assignee, or Official Assignee, or any of the Creditors of the Bankrupt, to act as Prosecutor on such trial: provided always that in every case of accusation against a Bankrupt of acts amounting to a misdemeanor, it shall Prosecution. be competent to the Court to direct Court may direct 2. If on such Trial by a Jury, or by the Judge alone, the Bankrupt shall be convicted of any offence by this Act made a misdemeanor, the Judge shall, in addition to the punishment awarded for the offence, have power to direct that the order of discharge be either wholly refused, or suspended during such time and upon such conditions as he shall think fit. 3. If the Bankrupt shall not be accused of acts amounting to misdemenor, or, if he shall have been accused and acquitted, but in either case there shall be made, or shall appear to the court to exist, objection to the granting of an immediate discharge, the court shall proceed to consider the conduct of the Bankrupt before and after adjudication, and the manner, and circumstances in and under which his debts have been contracted, and if the court shall be of opinion that the Bankrupt has carried on trade by means of fictitious capital, or that he could not have had, at the time when any of his debts were contracted any reasonable or probable ground, or expectation of being able to pay the same, or that if a trader, If Bankrupt may refuse or suspend order of convicted, Court discharge. If acquitted, but discharge, and sentence Bank- imprisonment. PART I. PART I. he has, with intent to conceal the true state of his affairs, wilfully omitted to keep proper books of account, or whether trader or not that his insolvency is attributable to rash and hazardous speculation, or unjustifyable extravagance in living, or that he has put any of his creditors to unnecessary expense, by frivolous or vexatious defence, to any action or suit, to recover any debt or money due from him, the court may either refuse an order of discharge, or may suspend the same from taking effect for such time as the Court may think fit, or may grant an order of discharge, subject to any condition or conditions, touching any salary, pay, emoluments, profits, wages, earnings, or income, which may afterwards become due to the Bankrupt, and touching after acquired property of the Bankrupt, or may sentence the Bankrupt to be imprisoned for any period of time, not exceeding one year from the date of such sentence. Provided always that no person shall be liable by virtue of this Act, to any criminal proceedings or penalty, in respect of any matter which may have occurred before the passing of this Act, to which he would not have been liable if this Act had not passed. (B. A. 1861, sec. 159.) PART II. THE OFFICERS OF THE COURTS. (See Part 4, Practice.) PART II. The Registrars of the several County Courts REGISTRARS. exercising jurisdiction under this Act, shall discharge the duties of Registrar in all matters under this Act within their several districts in such manner, and shall receive such remuneration in respect of such services, as general orders shall direct. (B. A. 1861, sec. 10, G. O. 1852, No. 43.) The fees will be found in the appendix, A.A., B.B. Every County Court Registrar may, except in cases in forma pauperis, take the registrar's and official assignee's fees set forth in the Schedule, and shall quarterly, on the 13th of January, the 13th of April, the 13th of July, and the 13th of October in every year, transmit to the chief Registrar of the Court of Bankruptcy, an account of the said fees received by him, and of the number of adjudications of bankruptcy and of orders of discharge made during the preceding quarter, and there shall, except in cases in formâ pauperis, be paid to him out of the Chief Registrar's account the sum of £1 in respect of the adjudication, and £1 in respect of the order of discharge in each bankruptcy; and the said fees and payments shall and may, until further order, be received and retained by him as and for a remuneration in respect of his services as Registrar and Official Assignee in all matters under the said Act. (G. O., Nov. 19, 1861, No. 5.) The following order has been issued by the Lord Chancellor, bearing date the 23rd October, 1861: "I, the Right Honourable Richard Baron Westbury, Lord High Chancellor of Great Britain, do hereby, in pursuance of the powers vested in me by the 52nd sec. of the Bankruptcy Act, 1861, authorize until further order, the Registrar of every Fees. Return to be made quarterly to Chief Regis trar. Lord Chancel lor's order. 23rd Oct., 1861. PART II. (REGISTRARS.) County Court, not being a Metropolitan County Court, when and so soon as the Judge of such Court shall have duly taken the oath prescribed by the 7th section of the said Act, to exercise all and singular, the powers given by the said Act to the Registrars of the Court of Bankruptcy. "Westbury C." Registrars their powers and jurisdiction. In case of illness or absence of Judge, Registrar may act for him, except in certain cases. October 23, 1861. The Registrar of every County Court, not being a Metropolitan County Court, when and so soon as the Judge of such Court shall have duly taken the oath prescribed by the 7th section of this Act, shall have power to make adjudication of Bankruptcy, to receive the surrender of any Bankrupt, to grant protection, to pass the last examination of any Bankrupt in cases wherein the assignees and creditors do not oppose, to hold and preside at meetings of creditors, to audit and pass accounts of assignees, and to sit in chambers, and dispatch there such part of the administrative business of the Court, and such uncontested matters as shall be defined in general orders, or as the Judge in any particular matter shall direct; but nothing herein contained shall empower a Registrar to commit, or to hear a disputed adjudication, or any question of the allowance or suspension of an order of discharge. The Registrar may adjourn any matter coming before him for the consideration of the Judge. (B. A. 1861, sec. 52. G. O. No. 18.) Any Registrar of a Court may, during vacation, or during the illness, or absence from any other reasonable cause, of any Judge thereof, act for and as the deputy of such Judge. And any such Registrar so acting, shall have and exercise all powers vested in the Court, except the power of commitment, the hearing of any disputed adjudication, or the hearing or determining of any question of the allowance or suspension of any Bankrupt's discharge. (B. L. C. A. sec. 27.) direct Registrar The Courts may direct a Registrar to attend to hold meet. at any place within the district of the Court to Courts may ings, &c. |