CORRESP. ENACTMENTS. (The verbal differences are within brackets.) the Creditors against such as shall become Bankrupts;'" and also so much of an Act 6 WM. IV., CAP. 14. respects whatsoever." This act of 6 Wm. 4, is therefore to be taken in conjunction, so long as it be not in confliction therewith. The following is a list of the statutes or parts of statutes repassed in the 1 Geo. 4, inti- pealed by each of the above respectively, excepting so far as they tuled, "An Act to repeal so much of the several Acts passed in the 29 Eliz., 4 Geo. 1, and 5 & 8 Geo. 2, as inflicts capital punishment on certain offences therein specified, and to provide more suitable and effectual punishment for such offences," as relates to the punishment of frauds committed by Bankrupts; and also an Act passed in the 3 Geo. 4, intituled "An Act to amend the laws relating to Bankrupts under joint com missions; and also another Act passed in the 3 Geo. 4, intituled "An Act to amend the laws relating to Bankrupts ;" and also another Act passed in the 5 Geo. 4, intituled "An Act to consolidate and amend the Bankrupt laws," be hereby repealed. repeal others. ENGLAND, (1st Sept., 1825). 6 Geo. 4, c. 16, Eng. 34 & 35 Hen. 8, c. 4. 1 Jac. 1, c. 15. 13 & 14 Car. 2, c. 24. 36 Geo. 3, c. 90 (in part.) 1 Geo. 4, c. 115 (in part.) 5 Geo. 4, c. 98. And the following were then 7 Anne, c. 12, s. 5. 52 Geo. 3, c. 144. 56 Geo. 3, c. 50, s. 11. 1 & 2 Geo. 4, c. 115. IRELAND, (1st July, 1836). 19 & 20 Geo. 3, c. 25. 21 & 22 Geo. 3, c. 40, s. 4. 28 Geo. 3, c. 42, s. 1. And the following were unrepealed, and still subsist in Ireland. 21 & 22 Geo. 3, c. 46. 1 & 2 Geo. 4, c. 40, sc. 1, 2. Power of present Commissioners to cease.-Proceedings not invalidated. II. And be it enacted, That all power, jurisdiction, and authority of the Commissioners named in any Commission of Bankrupt [which shall be subsisting at the time when this act shall take effect]1 shall cease and determine, and that every such Commission [and all such power and authority shall be and is hereby trans. ferred to the Commissioner to be appointed by virtue of this Act]2 and all further [proceedings]3 shall be 6 WM. IV. CAP. 14. thenceforth [] carried on in like manner as if [such Commission] had been originally [issued by] the Lord Chancellor, pursuant to this Act, [to the Commissioner to be appointed by virtue of this Act:]7 *provided always, that nothing herein contained shall render invalid any [proceedings which may have been had under 7 [save as may otherwise be directed by this Act] any Commission] now subsisting, or which shall [have 6 Geo. 4, c. 16, s. 135, 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 Commission has, or shall have issued as aforesaid, except as herein specially enacted. [ ]10 See following section, and note at foot. Eng., rep. 1849. [Commission of Bank ruptcy 9 [be subsisting at the time this Act shall take effect, or any proceedings which may have been had thereunder] 10 [and this Act shall not extend either to Scotland or Ireland, except where the same are expressly mentioned] Lord Lieutenant may appoint Commissioner. III. And be it enacted, That it shall and may be lawful for the Lord Lieutenant, or other chief governor or governors of Ireland, for the time being, to appoint a fit and proper person, being a barrister at law, of not less than ten years standing at the bar, to be the Commissioner in all Commissions of Bankrupt to be issued pursuant to this Act, and to be called the Commissioner of Bankrupt; which Commissioner, so to be appointed, shall hold his office during good behaviour: provided always, that it shall be lawful for the Lord Lieutenant, or other chief governor or governors, for the time being, of Ireland, to remove such Commissioner, upon a certificate from the Lord Chancellor of some sufficient reason, to be named therein for such removal. A second Commissioner was appointed, under 1 Vic., c. 48, s. 1, Ir., with "all and every the rights, powers, jurisdiction and authority," and "subject to all the duties of any Commissioner," &c., (s. 3); and see Introduction, p. 6, supra, and see 6 Geo. 4, c. 16, s. 135, Eng. No corresponding section. CORRESP. ENACTMENTS. (The verbal differences are within brackets.) 1 & 2 W. 4, c. 56, § 8, Eng., comg. 20 Oct. 1831, rep. by 12 & 13 Vic., c. 106, Eng., from 11 Oct. 1849. 1 [In lieu of the oath directed to be taken by Commissioners under the said recited Act, every Judge and Commissioner to be appointed by virtue of this Act] 6 WM. IV. CAP. 14. All Commissions to issue to same.-His Oath. IV. [And be it enacted, That all Commissions of Bankrupt, issued under the Great Seal of that part of the United Kingdom of Great Britain and Ireland, called Ireland, by virtue of this Act, shall be issued to the said Commissioner; and that such Commissioner]1 shall, before he shall be capable of acting in the execution of any of the powers and authorities given him by virtue of this Act, take an oath in the presence of the Lord Chancellor to the effect following; (that is to say,) 'I A. B., do swear, That I will faithfully, honestly, and impartially, according to the best of my skill and 'knowledge, execute the several powers and trusts re[as the chief Judge or one'posed to me [as Commissioner of Bankrupt,]2 and of the Judges, or one of the 'that without favour or affection, prejudice or malice. Commissioners, as the case may be, of the Court of Bank- 'So help me GOD.' ruptcy] 3 [any Judge or] No corresponding section. And [the]3 Commissioner, having once taken the said oath, shall not again be required to take the same so long as he shall continue in office. See section 3, (preceding) and note at foot. The corresponding section in margin was an alteration of 6 Geo. 4, c. 16, s. 21, Eng., Rep. and see Geo. 2, c. 30, s. 43, Eng., Rep. and 11 & 12 Geo. 3, c. 8, s. 13, Ir., Rep. hereby. Sums Payable to Commissioner. V. And be it enacted, That in lieu of the fees now payable for like matters the said Commissioner shall receive and be paid by the agent to such Commission the sum of three pounds sterling for every sitting under such Commission, and the like sum for every conveyance executed by him, and for the signature to the Bankrupt's certificate; and the fees so payable shall, if not paid by the agent to the Commission, be charged on and paid by the assignees out of the estate of the Bankrupt; and if the Commissioner shall directly or indirectly receive from the creditors or out of the estate 6 WM. IV. CAP. 14. of the Bankrupt any further sum than as aforesaid, he shall be disabled for ever from acting as such Commissioner of Bankrupt. See ss. 7, 8, 11, 39, 110, 111, infra, as to fees, and 12 & 13 Vic., c. 107, Ir., ss. 64, 65, 84, 116, supra, and also 1 Vic., c. 48, s. 7, Ir., whereby the fee of £3 was raised to £4. Commissioner not to practise as a Barrister, or be M.P. VI. And be it enacted, That no [Commissioner]1 to be appointed by virtue of this Act shall during [his]2 continuance in such office practise as a barrister, or be capable of being elected a member of the house of Commons. See 1 Vic., c. 48, s. 3, Ir., as to a second Commissioner. Commissioner to pay into Bank of Ireland. VII. And be it enacted, That the several sums directed as aforesaid to be paid to and received by the Commissioner shall be paid by him, at such times as the Lord Chancellor shall by any order direct, into the bank of Ireland, to the credit of the accountant general of the High Court of Chancery, to a separate account, to be entitled "the Bankruptcy and Compensation Fund Account;" and all monies to be so paid in to the said account shall be subject to such general orders touching the payment in, investment, accounting for, and payment out of such monies, for the purposes herein-after provided, as the Lord Chancellor shall from time to time think fit to prescribe; but the same shall not be subject to the payment of any poundage to the usher of the Court of Chancery. See section 5, supra, and note at foot. Lord Chancellor to regulate Fees. CORRESP. ENACTMENTS. (The verbal differences are within brackets.) Same Act, § 51. [Judge, Commissioner, registrar, or deputy regis. trar] 2 [their respective] No corresponding section. 11 & 12 Geo. 3, c. 8, §65, Ir., rep. hereby. VIII. And be it enacted, That it shall and may be lawful for the Lord Chancellor [ ] from time to time to settle and regulate the fees which shall be taken by in Ireland for the time being] [Lord Keeper, or Commissioners of the great seal CORRESP. ENACTMENTS. (The verbal differences are within brackets.) 2 [and persons] 3 The words in italics are 6 WM. IV. CAP. 14. and paid to the several officers [ ]2 concerned in the issuing and suing forth and execution of 3 every such Commission of Bankruptcy as aforesaid, and upon all not in the corresponding sec-petitions and proceedings in the execution thereof, tion. No corresponding section. other than such fees as are hereby ordered, and, if he shall think fit, to direct that any of the said fees shall be paid in to the Bankruptcy and Compensation Fund account.3 See section 5, supra, and note at foot. Compensation to existing Commissioners. IX. "And whereas the duties of the several persons now acting as Commissioners of Bankruptcy, and of the messenger of the Commissioners of Bankruptcy in the city of Cork, and the fees and emoluments accustomed to be received by them, will be abolished by the provisions of this Act, and it may be just and necessary that in all such cases compensation should be made in respect of such fees so to be abolished;" be it enacted, That it shall and may be lawful for the Lords Commissioners of his Majesty's treasury, by examination on oath or otherwise, which oath they and each of them are and is hereby authorized to administer, to inquire into and ascertain the annual amount of the lawful fees and emoluments of such Commissioners and messenger received by them, and to award to all and every or to such one or more of the said Commissioners, and to such messenger, as they shall deem to be entitled to the same an annuity or annuities, of such amount and for such term as the said Lords of the Treasury shall find to be a fair and reasonable compensation for the loss to be sustained by all or any of the said Commissioners or said messenger by the abolition of the said fees, and shall certify the amount of such annuities in writing under their hands to the Lord Chancellor, who shall thereupon have power to order the amount so certified |