As to change from Bankruptcy to Arrangement As to Trust Deeds for benefit of Creditors, Compo- The Bankruptcy Act, 1861. A SUMMARY OF THE NEW PRACTICE OF THE COUNTY COURTS IN BANKRUPTCY. Acts 12th & 13th Vic., c. 106. 17th & 18th Vic., c. 119. and 24th & 25th Vic., c. 134. of Act. The Acts of Parliament containing the present Law of Bankruptcy are, The Bankrupt Law Consolidation Act, 1849, the Bankruptcy Act, 1854, and the Bankruptey and Insolvency Act, 1861. The Bankruptcy Act, 1861, (sec. 232), shall commence and take effect from and after the passing thereof (6th August, 1861), as to the Commencement officers thereby authorised to be appointed, and as to all other matters and things, from and after the 11th day of October, 1861, and shall be construed, together with so much of "The Bankrupt Law Consolidation Act, 1849," and "The Bankruptcy Act, 1854," as remain unrepealed, as one act, and may be cited for all purposes as "The Bankruptcy Short Title. Act, 1861." Orders For regulating the practice and procedure of the County Courts County Courts, and the place and time of sitting thereof, in matters under this Act, general orders shall be framed in conformity with the provisions. of this Act, and subject to the sanction of the Lord Chancellor, by such judges of the said courts as the Lord Chancellor shall from time to time nominate for that purpose. (B. A. 1861, sec. 46.) ACTS AND ORDERS. In pursuance of this act, and the powers thereby C. C. Orders. given, general orders for regulating the practice and proceedings of the County Courts, in matters of bankruptcy, have been duly made and published, with the sanction of the Lord Chancellor, bearing date the 12th day of October, 1861. 12th October, 1861. The general orders of the Court of Bankruptcy made in pursuance of "The Bankrupt Law Consolidation Act, 1849," "The Bankruptcy Act, 1854," and of "The Bankruptcy Act, 1861," (except the orders Nos. 119 to 158, both inclusive, of the orders of the 19th October, 1852, the order of the 3rd February, 1855, the orders of the 19th May, 1855, the order of the 19th June, 1856, and the orders Nos. 10, 11, 15, and 18 of the orders of 12th October, 1861,) shall be the rules and orders for regulating the practice and procedure of the County Courts, in matters of bankruptcy in such courts, so far as the same are applicable and not inconsistent with the County Courts Orders. (C. C. O. No. 1.) The excepted order No. 18, (1861,) has been since restored by order of the Lord Chan23rd October, cellor, dated the 23rd October, 1861. 1861. Forms of Proceedings. Further General Orders have also been duly made and published, dated respectively the 14th October, the 6th November, and the 19th November, 1861. In matters of bankruptcy in the County Courts the proceedings shall be in the several forms set forth in the schedule attached to the County Courts Orders; and where forms for any proceedings in such matters are not provided in the schedule, the forms in use in the Court of Bankruptcy shall be used, so far as the same are applicable. (C. C. O. No. 4.) By the new act important changes have been made in the law and practice of bankruptcy. It is proposed, however, to treat the subject very briefly, and under the following heads, viz.- PART 1.-THE JURISDICTION OF THE COUNTY COURTS IN BANKRUPTCY. THE JUDGES, THEIR POWERS AND AUTHORITY. PART 2.-THE OFFICERS OF THE COURTS. PART 3.-THE BANKRUPT. PART 4.-THE PRACTICE, PART I. JURISDICTION OF THE COUNTY COURTS IN BANKRUPTCY. The Metropolitan County Courts have no jurisdiction in bankruptcy. By the interpretation clause the "Metropolitan District" shall mean and include every parish the distance whereof, as measured by the nearest highway from the General Post Office in London to the parish church of such parish, shall not exceed 20 miles. (B. A. 1861, sec. 229.) PART I. Metropolitan County Courts excepted. The Judge of every County Court (except the Jurisdiction of Metropolitan County Courts) shall have and exer- County Courts. cise within his respective district the like jurisdiction, powers, and authorities, and perform the same duties for and in respect of all matters and things coming before such County Court by virtue of this Act, as are vested in the Commissioners of the District Courts of Bankruptcy. (B. A. 1861, sec. 3.) The words "County Court" shall mean the County Court within the district of which the debtor has resided or carried on business during the six months next immediately preceding the time of filing a petition under this Act, or for the longest period during such six months. (B. A. 1861, sec. 229.) may transfer The Court of Bankruptcy, in London, may Court of Banktransfer any petition for adjudication of Bank-ruptcyin London ruptcy, or Judgment Debtor Summons, and the Proceedings to proceedings thereunder and the prosecution or fur- County Courts. ther prosecution thereof to a County Court having jurisdiction in Bankruptcy; and the Court to which any such transfer shall be made may remove the Official Assignee, and appoint a new Official Assignee to any such Bankruptcy. (B. A. 1861, sec. 88.) 4 Jurisdiction of the County Courts in Bankruptcy. PART I. District Courts of Bankruptcy It shall be lawful for the majority in number may transfer and value of the creditors of any bankrupt, preProceedings to sent at any first meeting of the creditors, or at with consent of any adjournment thereof, to resolve and determine Creditors. that the proceedings in the bankruptcy shall be County Courts, Appeal from County Courts, Oath to be taken by County Court transferred to, and thenceforth prosecuted in the county court of any district other than the Metropolitan district, and the Country District Court of Bankruptcy shall order the same accordinglyupon being satisfied that such resolution was duly made. (B. A. 1861, sec. 109 and 229.) Every decision or order of the Judge of any County Court, acting in Bankruptcy under this Act, shall be subject to appeal to the Court of Appeal in Chancery in like manner and under the same rules and regulations as are now directed with respect to appeals from the London and District Courts of Bankruptcy to the said Court of Appeal, or as may hereafter be directed by general orders. (B. A. 1861, sec. 66.) THE JUDGES, THEIR POWERS AND AUTHORITY. Every Judge of a County Court shall, before Judges before acting in Bankruptcy, take at any quarter sessions the following Oath: acting in Bankruptcy. Place of Sitting of "I (A. B.) do solemnly and sincerely promise and swear that I will duly and faithfully, and to the best of my skill and power, execute the Office of County Court Judge acting in Bankruptcy. "So help me God." And such Oath shall be recorded in the Court of the Judge taking the same. (B. A. 1861, sec. 7.) The place of Sitting of each County Court, in County Courts. matters of Bankruptcy, shall be the place at which the Court now holds, or may hereafter hold, its Sittings for the general business of the Court, under the provisions of the Act 9th and 10th Vict., c. 95, or of any Act amending or extending the provisions of the same. (C. C. O. No. 2.) |