Certificate to be evidence of the bankruptcy and proceedings. Bankrupt in execution may be ordered to be discharged. Bankrupt not liable upon any promise to pay debt discharged by certificate, unless such pro mise be in writing. Allowance to bankrupt. 5 per cent., and not exceeding 400., as soon as 10s. paid in the pound; 7 per cent., and not exceeding 500l., if 12s. 6d.; 10 per cent., and not exceed ing 6001, if 15s. be discharged upon entering an appearance, and may plead in general that the cause of action accrued before he became bankrupt, and may give this act and the special matter in evidence; and such bankrupt's certificate, and the confirmation thereof, shall be sufficient evidence of the trading, bankruptcy, fiat, and other proceedings precedent to the obtaining such certificate; and if any such bankrupt shall be taken in execution or detained in prison for such debt, claim, or demand, where judgment has been obtained before the confirmation of his certificate, it shall be lawful for any judge of the court wherein judgment has been so obtained, on such bankrupt's producing his certificate, to order any officer who shall have such bankrupt in custody by virtue of such execution to discharge such bankrupt, without exacting any fee, and such officer shall be hereby indemnified for so doing. 43. And be it enacted, That no bankrupt, after such certificate shall have been confirmed, shall be liable to pay or satisfy any debt, claim, or demand from which he shall have been discharged by virtue of such certificate, or any part of such debt, claim, or demand, upon any contract, promise, or agreement made or to be made after the suing out of the fiat, unless such contract, promise, or agreement be made in writing signed by the bankrupt, or by some person thereto lawfully authorized in writing by such bankrupt. 44. And be it enacted, That every bankrupt who shall have obtained his certificate under any fiat issued after the commencement of this act, if the net produce of his estate in hand shall by any order of dividend (with or without prior dividend) pay the creditors who before, or at the time of making such order, have proved debts under the fiat ten shillings in the pound, shall be allowed and paid five pounds per centum out of such produce, provided such allowance shall not exceed four hundred pounds; and every such bankrupt, if such produce shall (with or without prior dividend) pay such creditors twelve shillings and sixpence in the pound, shall be allowed and paid as aforesaid seven pounds ten shillings per centum, provided such allowance shall not exceed five hundred pounds; and every such bankrupt, if such produce shall (with or without prior dividend) pay such creditors fifteen shillings in the pound or upwards, shall be allowed and paid as aforesaid ten pounds per centum, provided such allowance shall not exceed six hundred pounds; and pro months after quisite amount vided always, that such allowance as aforesaid shall not be Allowance not payable to any bankrupt until after the expiration of twelve payable till 12 months from the date of the fiat, and such allowance shall date of fiat, and then be payable only in the event of the dividends paid to the then only if recreditors (who at any time before the expiration of such twelve of dividends months shall have proved debts under the fiat) being of the paid. requisite amount in that behalf aforesaid; and if at the expi- If at expiration ration of such time the dividends paid as aforesaid shall not dividends paid amount to ten shillings in the pound, it shall be lawful for the be under 10s. bankrupt may court to allow such bankrupt so much as the assignees and be allowed not court shall think fit, not exceeding three pounds per centum exceeding 3 per and three hundred pounds. of 12 months the cent., and 3001. may receive al others not en 45. And be it enacted, That in all joint fiats under which One partner any partner shall have obtained his certificate, if a sufficient lowance, though dividend shall have been paid upon the joint estate, and upon the separate estate of such partner, he shall be entitled to his allowance although his other partner may not be entitled to any allowance. titled. ruptcy, to be 46. And whereas fiats in bankruptcy against traders resid- Fiats in banking within a limited distance from London are usually exclu- rected to the ruptcy, not disively directed to the Court of Bankruptcy, and such distance Court of Bankmay, in consequence of the increased facility of communica- directed to some tion, be without inconvenience considerably extended; and one of the courts authorized to it is expedient to make better provision for the prosecution act in the proof fiats in bankruptcy not directed to the Court of Bank- secution of fiats ruptcy; be it enacted, That every fiat in bankruptcy issued for the country, to be prosecuted after the commencement of this act, not directed to the Court in such court. of Bankruptcy, shall be directed to such one of the courts authorized to act in the prosecution of fiats in bankruptcy in the country, as hereinafter provided, as the Lord Chancellor, or as the Master of the Rolls, one of the Vice Chancellors, or one of the Masters of the Court of Chancery acting under any appointment of the Lord Chancellor to be given for that purpose, by such fiat may think fit to nominate, to be prosecuted in such court, and that every such fiat shall be thereupon prosecuted in the court to which the same shall be so directed, and it shall be lawful for such court to proceed thereon in all respects as commissioners of bankrupt acting in the prosecution of a fiat in bankruptcy elsewhere than in the Court of Bankruptcy before the passing of this act, save and except as such proceeding may be altered by virtue of this act; and that in every bankruptcy prosecuted in any such Fiats in the country, and proceedings thereon to be transmitted to Court of Bankruptcy, to be there filed. Appointment of official as signees. Their duty. court every such court shall have all the power, jurisdiction, and authority, and be subject to the duty, by any act of parliament now in force vested in or imposed upon such commissioners, in all respects as if such court were commissioners of bankrupt returned and appointed under the said recited act, save and except as may be otherwise directed by this act. 47. And be it enacted, That every fiat in bankruptcy prosecuted in the country, and the proceedings under such fiat, or any part of such proceedings, or copies or minutes of every such fiat and proceedings, or part thereof, at such time and in such manner and form as the Lord Chancellor shall direct, shall be transmitted by the court acting in the prosecution of such fiat to the Court of Bankruptcy in London, to be there filed and kept among the records of the said court. 48. And be it enacted, That a number of persons, not exceeding thirty in the whole, being merchants, brokers, or accountants, or persons who are or have been engaged in trade in the united kingdom, shall be chosen by the Lord Chancellor to act as official assignees in all bankruptcies prosecuted in the country, one of which said official assignees shall in all cases be an assignee of each bankrupt's estate and effects, together with the assignee or assignees to be chosen by the creditors, such official assignee to give such security, to be subject to such rules, to be selected for such estate, and to act in such manner, as the Lord Chancellor, or as the Court of Review or judge or any commissioners of the Court of Bankruptcy, if authorized so to do by any order of the Lord Chancellor, shall from time to time direct; and all the personal estate and effects, and the rents and profits of the real estate, and the proceeds of sale of all the estate and effects, real and personal, of every bankrupt, shall in every case be possessed and received by the official assignee alone, save where it shall be otherwise directed by the Lord Chancellor or by the court acting in the prosecution of the bankruptcy, if authorized so to do by any general or other order of the Lord Chancellor, and whether such official assignee be appointed under the provisions of the said recited act or of this act; and all stock in the public funds or of any public company, and all monies, exchequer bills, India bonds, or other public securities, and all bills, notes, and other negotiable instruments, shall be forthwith transferred, delivered, and paid by such official assignee into the Bank of England, to the credit of the accountant in bankruptcy, to be subject to such order, rule, and regulation for the keeping of the account of the said monies and other effects, and for the payment and delivery in, investment, and payment and delivery out of the same, as the Lord Chancellor, or as the Court of Review or judge or commissioner of the Court of Bankruptcy, if authorized so to do by any order of the Lord Chancellor, shall direct; and if any such assignee shall neglect to make such transfer, delivery, or payment, every such assignee shall be liable to be charged in the same manner as is provided in cases of neglect by assignees to invest money in the purchase of exchequer bills when directed so to do: Provided always, that, until assignees shall be chosen by the creditors of each bankrupt, such official assignee so to be appointed to act with the assignees to be chosen by the creditors shall be enabled to act, and shall be deemed to be, to all intents and purposes whatsoever, a sole assignee of each bankrupt's estate and effects. of official as 49. Provided always, and be it enacted, That nothing Proviso restrictherein contained shall extend to authorize any such official ing the authority assignee to interfere with the assignees chosen by the cre- signees. ditors in the appointment or removal of a solicitor or attorney, or in directing the time and manner of effecting any sale of the bankrupt's estate or effects. 50. And be it enacted, That it shall be lawful for the Lord Chancellor to remove any official assignee, whether appointed under the provisions of the said recited act or of this act, and from time to time, as any vacancy may occur in the said before-mentioned number of official assignees, to appoint some other such person as aforesaid to fill any vacancy so occurring; and in case of the death or removal of any such official assignee who shall have been appointed to act in any bankruptcy, it shall be lawful for the court authorized to act in the prosecution of such bankruptcy to appoint another official assignee of the number hereby prescribed to act (subject as aforesaid) in the same bankruptcy in the place of the assignee who shall have so become dead or been removed. Lord Chancellor may remove official assignees, and may fill up vacancies in their number. 51. And be it enacted, That every official assignee of any Official assignee bankrupt's estate appointed under the provisions of this act the same powers, invested with shall have all the same rights, powers, privileges, and exemp- &c. as official tions as are possessed by official assignees appointed under assignees under the said recited act; and the enactments therein contained in former act. His remuneration. Bankruptcies country to be removed into such of the courts autho rized to act in the prosecution of fiats in bank ruptcy, as the Lord Chancellor may think fit. that behalf, and, in relation to the evidence of the appointment of bankrupts' assignees, shall extend and be applied to official assignees to be appointed under this act, except as otherwise directed by this act; and that every official assignee, whether appointed under the provisions of the said recited or of this act, shall be entitled to be paid out of the bankrupt's estate, by way of remuneration for his services, such sum of money as to the court named in and acting under the fiat in prosecution against such bankrupt may seem just and reasonable, having regard to the amount of the bankrupt's property, and the nature of the duties to be performed by such official assignee, subject nevertheless to such general or special orders in relation thereto as may from time to time be made by the Lord Chancellor in that behalf. 52. And be it enacted, That all power, jurisdiction, and depending in the authority of the commissioners named in any fiat of bankruptcy issued before the commencement of this act, to be prosecuted elsewhere than in the city of London, shall cease and determine; and that the Lord Chancellor shall have power from time to time, by any general or other order or orders under his hand, to transfer and remove into the Court of Bankruptcy, or such of the courts authorized to act in the prosecution of fiats in bankruptcy by virtue of this act, as he may deem fit, any such fiat, and that all further proceedings in every such fiat shall be thenceforth prosecuted and carried on in the court to which the same shall be so transferred, in like manner as if the proceedings under such fiat had been originally commenced therein by virtue of a fiat under the hand of the Lord Chancellor issued pursuant to the said recited act, or to this act, save as may be otherwise directed by this act; provided always, that nothing herein contained shall render invalid any proceedings which may have been had under any fiat in bankruptcy now subsisting, or which shall have been issued before this act shall come into operation, or affect or lessen any right, claim, demand, or remedy which any person now has thereunder, or upon or against any bankrupt against whom any such fiat has or shall have issued as aforesaid, except as herein specially enacted. Power to ap point Official Assignees to act with the existing Assignees under such 53. And be it enacted, That it shall be lawful for the court which shall thenceforth act in the prosecution of such fiat, at its discretion, to appoint some one of the official assignees appointed or to be appointed under the said recited |