GENERAL SUBSTANCE OF THE OLD ORDERS IN BANKRUPTCY, ABOLISHED IN 1843. On the 27th of March, 1843, The LORD CHANCELLOR (Sir E. Sugden) with the assistance of the MASTER OF THE ROLLS (Right Honorable Francis Blackburne), framed two hundred and three General Orders in Chancery, by consolidating selecting and amending, and abolishing all other previous Orders; and on the same day The LORD CHANCELLOR did the like as to General Orders in Lunacy; and on the same day the like as to General Orders in Bankruptcy, all of which were to commence and take effect on the 15th of April, 1843. The following abstract gives their substance: By Lord REDESDALE, C. [24th Jan., 1806.] Rule by LORD MANNERS, C. [20th April, 1819.] Commission to be prosecuted or effectually proceeded on within fourteen days or twenty-one days, &c., or else superseded.-Messengers to be saved harmless. By Sir ANTHONY HART, C. [1st Nov. 1828.] If Commission not ordered within four days after docket struck, another may strike a new docket.-Fee for inspection of docket book, one shilling.— Dockets more than two months struck, expired and of no effect. By LORD PLUNKET, C. [26th Nov., 1832.] 1. In Joint Commissions, separate debts, how proveable. Allowance to Bankrupt; separate creditors may assent or dissent.-2. In Joint Commissions distinct accounts of joint and separate estates.-Their application. The overplus how disposed of. (Both copied into Rule 5 of 1843.)— 3. Assignee, becoming Bankrupt, removed. On death or Bankruptcy thereof, notice to be given in Gazette, &c., when and where choice of new to be made.-4. When chosen, all proper parties to join in assignment of estate.— 5. Assignee becoming Bankrupt, Commissioners to take account of the estate and effects of the Bankrupt as came to the hands of the assignee.-6. All specie, books, papers, &c., delivered over to new assignee. (All copied into Rule 6 of 1843.)-7. Upon application of person claiming to be mortgagee, inquiry to be made. Account taken of principal, interest, and costs, &c., and notice of sale in Gazette.-8. All proper parties shall join in conveyance to purchaser.-9. Provision as to proceeds of sale.-10. If insufficient, mortgagee may prove for deficiency, but not disturb dividends made.-(All copied into Rule 7 of 1843.)-11. That all parties be examined upon interrogatories or otherwise, and produce upon oath all books, papers, &c. By Lord PLUNKET. [2nd July, 1836.] 1. That the messengers and secretaries shall continue to receive the usual fees, &c. (Copied into Rule 8 of 1843.) By Lord PLUNKET. [5th Nov. 1836.] 1. That the Registrar do assist in taxation. (Copied into Rule 9 of 1843.)-2. The agent of the assignee to be agent of Commission. Provision as to subsisting Commissions. (Copied into Rule 10 of 1843.) SIR E. SUGDEN'S GENERAL RULES AND ORDERS IN BANKRUPTCY. Dated 27th day of March, 1843. It is ordered by the Right Honorable the LORD CHANCELLOR, that the All other Orders following shall be the General Orders in Bankruptcy; and that all others abolished shall be considered to be abolished; that all former Orders which are hereinafter simply repeated, shall continue to operate as if they had not been disturbed; and that all variations of such Orders, and all new Orders, shall take effect as to all matters now depending or hereafter to be commenced, from 15 Ap. 1843. from the 15th day of April, 1843: I. That no Commission of Bankrupt shall be superseded upon the con- sede must be Consent to supersent of creditors, unless the Bankrupt and the witness to such consent, shall make oath, that the respective signatures thereto were obtained subsequent to the time of the final examination of the Bankrupt; and that the Commissioner shall not certify the proceedings for the purpose of having any commission superseded, until after the Bankrupt in such matter shall have after final examifinished his examination, and until such consent, as aforesaid, shall be exhibited to him. nation. Commission transmitted to Registrars II. That every Commission of Bankrupt which shall be sued out, shall be immediately transmitted by the secretary of Bankrupts to the registrars of the Bankruptcy Court, to be by them forthwith laid before the Commissioners; and if not prosecuted or effectually proceeded on to an adjudication, within eight days after the date of such Commission, if against a person within 8 days, residing in Dublin or within twenty miles of the castle thereof, or within proceeded on wise sent back to or 14 days, other fourteen days after the date of such Commission, if against a person resident Secretary, and any greater distance from the Castle of Dublin, that the same shall, at the superseded at ex- expiration of said times respectively, be sent back by the Commissioner to pense of Petitioning Creditor. the office of the Secretary of Bankrupts, with a certificate endorsed thereon, under the hand of the Commissioners, or one of them, that the same had not been effectually proceeded on; whereupon said Commission shall be superseded at the expense of the person or persons who sued out the same, without further notice; unless satisfactory reason, on oath, be laid before the Commissioner, for extending the time-such extended time in no case to exceed fifteen days for such Dublin, and twenty-one days for country Commissions; Costs payable by and that the costs of such supersedeas be paid, in the first instance, by the solicitor or attorney who sued out such Commission, who shall have power to recover the same against his client. attorney, recoverable by same. III.—That in all cases the petitioning creditor is bound to save harmless Messenger saved the messengers, in any action brought against them for the purpose of trying the validity of the Commission. harmless. Commission not IV.—That in case any person shall strike a docket, and shall not, within ordered for 4 days; four days after such docket shall be struck, order a Commission to be sealed other may strike accordingly, then any other person may be at liberty to strike a new docket docket, &c. and sue out a Commission, without any notice to the person who struck such former docket; but that the Secretary of Bankrupts do not allow the above precedence to any solicitor who shall have struck a docket whereon to ground a Commission of Bankruptcy, to the exclusion of any other person willing both to strike a docket and to issue a Commission forthwith against the same party; and that no docket shall be considered as struck, until the same be entered in the docket book, to which docket book all persons may have access upon payment of the fee of one shilling; and that all dockets which shall have been struck more than fourteen days without a Commission having been bespoken within that time, be considered as expired and of no effect for the purpose of issuing a Commission thereon; and that the same be accordingly struck out of the docket book. Precedence how granted. Docket over 14 days struck, &c., how void. sions. Separate debts. Creditor's assent to certificate. rate estates. V. That the Commissioners, in a joint Commission against two or more Joint Commis Bankrupts, shall be at liberty at any meeting or meetings for the proof of debts under such Commission, to admit the proof of any separate debt or separate debts, of any one or more of such Bankrupts under such joint Commission; and such separate creditors shall be at liberty to assent to or dissent from the allowance of the certificate of the Bankrupt or Bankrupts, of whom they shall be separate creditors; and that the Commissioners do Distinct accounts. cause distinct accounts to be kept of the joint estate, and also of such sepa→ Joint and separate estate or estates; and that what shall be found to belong to the separate estate or estates, shall be applied in the first place in and towards satisfaction of the debts of the respective separate creditors; and in case there shall be any overplus of the joint estate after all the joint creditors shall be paid and satisfied their whole demands, that the share or shares, interest or interests of the Bankrupt or Bankrupts whose separate estate or estates is or are to be applied in manner before directed, in such overplus, be carried to the account of his or their separate estate or estates, and be applied în or towards satisfaction of his or their seperate debts; and in case there shall be any overplus of the separate estate or estates of such Bankrupt or Bankrupts, after all their separate creditors shall be paid and satisfied their whole demands, that the overplus of such separate estate or estates be carried to How administered. the account of the joint estate, and be applied in or towards satisfaction of the joint debts; and that the costs of taking such accounts be paid out of such separate estate or estates, and be settled by the Commissioners in case the parties differ about the same. &c. VI.-That in case an assignee or assignees of any Bankrupt or Bankrupts, Assignee becoming bankrupt reshall become Bankrupt, such Bankrupt assignee or assignees shall be re- moved, &c. moved, and shall be no longer an assignee or assignees of the estate or effects of the said Bankrupt or Bankrupts; and that upon the death or upon death or bankruptcy. Bankruptcy which shall from henceforth happen, of any assignee or assignees, upon application made to the Commissioners, or either of them, and signed by one or more of the creditors who have or hath proved a debt or debts under the said Commission, and who is or are entitled to vote in the choice of assignees, the Commissioners, or either of them, shall cause due notice to be given in the Dublin Gazette, and in such other public papers as they Notice in Gazette, shall think fit, of the time and place when and where they shall proceed to the choice of a new assignee or assignees, in the room and stead of the said deceased or bankrupt assignee or assignees; and that the creditors who shall be present at such meeting, and who are entitled to vote in the choice of of meeting for assignees, and any person or persons duly authorized by any such creditor or choice of another. creditors not present at such meeting, do then and there proceed to such choice accordingly. And that when the assignee or assignees of any Bank- Account to be tarupt or Bankrupts shall have become a Bankrupt, the Commissioners, or ken, &c. either of them, do proceed to take an account of the estate or effects of the Bankrupt or Bankrupts which have come to the hands of the assignee or assignees who shall so have become Bankrupt, and of his or their assignee or assignees, or to the hands of any other person or persons, by their or any of their order, or for their or any of their use, in the taking of which account, the Commissioners are to make all parties all just allowances; and that such parts of the estate or effects of the Bankrupt or Bankrupts whose assignee or assignees shall have so become Bankrupt, as shall be then remaining in All specie, books, specie, and also, all books, papers and writings in the custody or power of papers, &c. of Assignee, when a the said Bankrupt, assignee or assignees, or of his assignee or assignees, bankrupt, delirelating to the said Bankrupt or Bankrupts, or his or their estate or effects, vered over. be delivered over to the new assignee or assignees (if any such shall have been chosen), and to the solvent assignee or assignees (if any such there be), or to the solvent assignee or assignees, if no new assignee or assignees Proof of debts against same. shall have been then chosen; and that such new assignee or assignees (if any such shall have been then chosen), and the solvent assignee or assignees (if any such there be), or the solvent assignee or assignees only, if such new assignee or assignees shall not have been chosen, be admitted creditors under the Commission or Commissions against such bankrupt assignee or assignees, for what shall be so found due from the estate or effects of such Bankrupt assignee or assignees; and for the better taking the account before directed, all parties are to be examined upon interrogatories, or otherwise, as the Commissioners, or either of them, shall think fit, and are to produce, upon oath, before such Commissioners or Commissioner, all books, papers and writings, in their, or any of their custody or power, relative to the said Bankrupt or Bankrupts, or his or their estate or effects, as such Commissioners or Commissioner shall direct. VII. That upon application to such Commissioners or Commissioner, Persons claiming by any person claiming to be a mortgagee or mortgagees of any part of the to be mortgagees. missioner. sion. Notice of sale. Enquiry by Com- Bankrupt's estate or effects, the said Commissioners, or either of them, shall proceed to inquire whether such person or persons is or are a mortgagee or mortgagees of any part of the Bankrupt's estate or effects; and if no sufficient objection shall appear to the title of such mortgagee or mortgagees to the sum claimed by him or them under such mortgage or mortgages, that Account taken, the Commissioners or Commissioner do then proceed to take an account of principal, interest, and costs, of the principal, interest, and costs due upon such mortgage or mortgages, and rents and profits, of the rents and profits of the mortgaged premises received by such mortga&c., if in possesgee or mortgagees, or by any other person or persons by his, their, or any of their order, or for his, their, or any of their use, in case such mortgagee or mortgagees shall have been in possession of the mortgaged premises or of any part thereof; and that the Commissioners, or either of them, do then cause due notice to be given in such of the public papers as they, or either of them, shall think fit, when and where the said mortgaged premises are to be sold before them or either of them, or by public auction, or any other place or places, if they or either of them shall so think fit, and that such sale be made accordingly. That the monies to arise from such sale be applied, in the first place, in payment of the expenses attending such sale, and then in payment and satisfaction of what shall be found due to such mortgagee or mortgagees for principal, interest and costs, and that the surplus of the said mones (if any) be paid to the assignees of the estate and effects of the said Bankrupt; but in case the monies to arise from such sale shall be insufficient to pay and satisfy what shall be found due to such mortgagee or mortgagees, such mortgagee or mortgagees shall be admitted a creditor or creditors under such Commission, for such deficiency, and receive a dividend or dividends thereon out of the Bankrupt's estate or effects, rateably and in proportion with the rest of the creditors seeking relief under the said Commission, but so as not to disturb any dividend or dividends then already Dividends made, made; and for the better making such inquiry, and taking such account as not disturbed. aforesaid, and making a title to such purchaser or purchasers, all parties shall be examined by the said Commissioners, or either of them, upon interrogatories or otherwise, as the Commissioners, or either of them, shall think fit, and shall produce, before the said Commissioners, or either of them, upon oath, all deeds, papers, and writings in their respective custody or power, relating to the estate or effects of the said Bankrupt or Bankrupts, as the Commissioners, or either of them, shall direct. Proceeds thereof, how applied. If insufficient, mortgagee may prove. In foreclosure to be cited to Court. That in all foreclosure causes against a mortgagor becoming Bankrupt, suits, this Order his assignee shall, at the hearing or other convenient opportunity, draw the attention of the Court to the increased costs occasioned by the morgagee proceeding in such cause instead of proceeding under this Order; and that Parties having all sales in Bankruptcy on behalf of any mortgagee or party having a special liens (le. gal or equitable) special lien, whether legal or equitable, shall, at the option of such mortgato have their choice of agent. gee or party, be conducted by his own agent or by the agent of the assignee. Messenger and se. cretary to receive VIII. That the messenger of the Commissioners of Bankrupt, and the Lord usual fees, 10s. High Chancellor's Secretary of Bankrupts shall continue to receive, until per Commission, further order, such fees as they have heretofore been in the habit of receivto be paid to "the B. and C. Fund." ing in matters of Bankruptcy; and that the Secretary of Bankrupts shall pay to the "Bankruptcy and Compensation Fund Account," the sum of ten shillings for each Commission to be issued by the Lord Chancellor. IX. That the registrars of the Court of Bankruptcy do assist their Registrars to as |