The times of the Sitting of each County Court, in matters of Bankruptcy, shall be those appointed for the transaction of the general business of the Court, unless the Judge of any such Court shall otherwise order and shall appoint a special day, or days, for a Sitting of the Court in matters of Bankruptcy. (C. C. O. No. 3.) Courts may direct Registrar to hold Meetings, &c. such Registrar &e. The Courts may direct a Registrar to attend at any place within the District of the Court to which he is attached, for the purpose of holding any meeting of Creditors, of receiving proof of debts, and generally for the prosecution of any bankruptcy or other proceeding under this Act; and the travelling and incidental expenses of such Regis. Expenses of trar, and of any clerk or other officer attending him, incurred in so acting, shall be settled by such Court, and paid out of the assets of the estate, in respect of which, such Registrar has so acted, or if there be no such assets, or if the assets be insufficient, then out of the Chief Registrar's account; and such Registrar so acting, shall Powers of Regishave and exercise all powers, except the power of Commitment, vested in such Court for the summoning and examination of persons, or witnesses, and for requiring the production of books, papers, and documents; provided always, that all depositions, and examinations of persons and witnesses taken before such Registrar, and all acts done by him, shall be reduced to writing, and be signed by such Registrar, and shall be annexed to, and form part of the proceedings. (B. A. 1861, sec. 58.) AS TO PETITIONS FOR ADJUDICATION OF BANK- [See Part 4, Practice.] trar so acting. tion for adjudication against himself. Any Debtor may petition for adjudication of Debtor may petiBankruptcy against himself, and the filing of such petition shall be an act of Bankruptcy, without previous declaration of Insolvency by such Debtor. (B. A. 1861, sec. 86.) any PART I. Creditor may not petition a Every petition for adjudication of Bankruptcy County Court. by a Creditor shall be filed, and prosecuted in the Court of Bankruptcy. (B. A. 1861, sec. 88.) Proceedings to obtain adjudica tion of Bank ruptcy to be by Petition upon Proceedings to obtain adjudication of Bankruptey shall be by petition on the oath of the Petitioner. Every such petition shall be filed of record, and prosecuted as directed by this Act; and from and after the filing of such petition, in the case of a Proceedings, &c. Debtor petitioning against himself, the Bankrupt upon filing personally, and all his estate and effects, of what Petition. nature or kind soever, shall be subject to the Law of Bankruptcy. (B. A. 1861, sec. 87.) Debtors residing in the Metropolitan District to file Petitionin Where a Debtor petitions for adjudication against himself, and knows or verily believes the debts justly due and proveable under the Bankruptcy to amount in the whole to a sum not exnot residing in ceeding three hundred pounds, such fact shall be District if Debts stated on oath; and if he be resident within the £300, in County Metropolitan district, as herein defined, he shall London Court; Metropolitan shall not exceed Court. Power of Courts file his petition in the London Court of Bankruptcy; and where such debts shall not exceed three hundred pounds, and the Debtor shall not be resident in the Metropolitan district, he shall file his petition in the County Court for the district in which he shall have resided for the six months next before the filing of his petition, or for the longest period during those six months, unless he is in custody, and then in the County Court for the district in which he is in custody; but such court, if it make adjudication, shall transfer the proceedings to the County Court in which the Debtor, if not in custody, would have been required to petition. (B. A. 1861, sec. 94.) AS TO THE BANKRUPT AND HIS PROPERTY. From and after the filing of such Petition, the over the Body Court shall by virtue of this Act, have full power and Property of Bankrupt. and authority to take such order and direction, with the body of the Bankrupt, as mentioned in this Act, as also with all his lands, tenements, and hereditaments, both within this realm, and abroad, as well copy or customaryhold as freehold, which he shall have in his own right before he became Bankrupt, as also, with all such interest, in any such lands, tenements, and hereditaments, as such Bankrupt may lawfully depart withal, and with all his money, fees, offices, annuities, goods, chattels, wares, merchandise, and debts, wheresoever they may be found or known, and to make or order sale thereof in manner herein mentioned or otherwise order the same for satisfaction and payment of the creditors of the Bankrupt. (B. L. C. A. 1849, sec. 89 and 209.) PART I. lands of Bankrupt. The Court shall have power to dispose, for As to Copyholds the benefit of the creditors, of any estate or interest and Customary at law, or in equity, which at adjudication, or afterwards, before order of discharge, a Bankrupt has in any copyhold or customaryhold land, and to make an order vesting the land, or such estate or interest as the Bankrupt has therein, in such person and in such manner as the Court shall think fit. (B. A. 1861, sec. 114.) Where, under any settlement or will, a Bankrupt non-trader shall be entitled to a life estate, in remainder, expectant upon the death or deaths of any previous tenant or tenants for life, with any remainder over to the Bankrupt's issue, or the heirs of his body, or any of them as purchasers, the life estate of such Bankrupt non-trader shall not be sold before it falls into possession, without an express direction of the Court. (B. A. 1861, sec. 115.) Life estate in Remainder, &c. Courts may order Bankrupt to join in It shall be lawful for the Court upon the application of the Assignees, or of any purchaser from them, of any part of the Bankrupt's estate, conveyances, if such Bankrupt shall not try the validity of the adjudication, or if there shall have been a verdict at law, establishing its validity, to order the Bankrupt to join in any conveyance of such estate, or any part thereof; and if he shall not execute such PART I. Goods in the possession, rupt, to be deemed his property, and may be sold. conveyance within the time directed by the order, such Bankrupt, and all persons claiming under him, shall be stopped from objecting to the validity of such conveyance; and all estate, right, or title which such Bankrupt had therein, shall be as effectually barred by such order, as if such conveyance had been executed by him. (B. L. C. A. 1849, sec. 148.) WITH RESPECT TO THE POWER OF THE COURTS OVER CERTAIN DESCRIPTIONS OF PROPERTY. If any Bankrupt at the time he becomes Bankorder, or disposi. rupt, shall, by the consent and permission of the tion of the Bank. true owner thereof, have in his possession, order, or disposition, any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration, or disposition as owner, the Court shall have power to order the same to be sold, and disposed of for the benefit of the creditors under the Bankruptcy; provided that nothing herein contained shall invalidate or affect any transfer or assignment of any ship or vessel, or any share thereof, made as a security for any debt or debts, either by way of mortgage or assignment, duly registered according to the provisions of the Act 8th and 9th Vict. c. 89, entitled "An Act for the registering of British vessels," or any of the Acts therein mentioned. (B. L. C. A. 1849, sec. 125.) Proviso. Power of Courts veyances, &c., rupt. If any Bankrupt, being at the time insolvent, over certain con- shall (except upon the marriage of any of his made by Bank children, or for some valuable consideration) have conveyed, assigned, or transferred to any of his children, or to any other person, any hereditaments, offices, fees, annuities, leases, goods or chattels, or have delivered or made over to any such person any bills, bonds, notes, or other securities, or have transferred his debts to any other person or into any other person's name, the Court shall have power to order the same to be sold and disposed of for the benefit of the creditors under the Bankruptcy; and every such sale shall be valid against the Bankrupt, and such children and persons, and against all persons claiming under him. (B. L. C. A. 1849, sec. 126.) PART I. tled to Stock, Transfer. If any Bankrupt shall have any government Where Bankrupt stock, funds, or annuities, or any of the stock of beneficially enti any public company, either in England, Scotland, power to order or Ireland, standing in his name in his own right, it shall be lawful for the Court, by writing, to order all persons whose act or consent is thereto necessary to transfer the same into the name of the assignees, and to pay all dividends upon the same to the Official Assignee; and all such persons whose act or consent is so necessary are hereby indemnified for all things done or permitted pursuant to such order. (B. L. C. A., 1849, sec. 128.) After the adjudication of Bankruptcy in any case shall have been advertised in the London Gazette, it shall be lawful for the Court to order any treasurer or other Officer, or any banker, attorney, or solicitor, or other agent of the Bankrupt, to pay and deliver over to the Official Assignee, or to the Bank of England, to the credit of the Accountant in Bankruptcy, according to the rules which may be in force with respect to payment into the Bank of England of monies due to any bankrupt's estate, all monies or securities for money in his custody, possession or power, as such officer or agent, and which he is not by law entitled to retain as against the Bankrupt or his Assignee. (B. L. C. A. 1849, sec. 132.) The Court shall give such directions as it may deem expedient with respect to the custody and inspection of the books, papers, writings, and documents relating to the estate, and may authorize the Official Assignee to have the custody thereof, or of any part thereof. (B. A. 1861, sec. 120.) Power, after adjudication, to order any Trea Agent of the Bankrupt, to Monies, &c. to surer, &c., or deliver all Official Assignee. Custody of Bank. rupt's books. |