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Honors the Commissioners of Bankrupt in the taxation of costs, in such sist in taxation. manner as the Commissioners shall from time to time direct.

to be also of

X. That the agent of the assignee or assignees in any Commission shall Agent of assignee also be agent to the Commission; and that in any future Commission the Commission. agent who shall issue the same shall, on the choice of assignees, hand over to the agent of such assignee or assignees (if he himself be not appointed such agent), the Commission and the file of proceedings thereunder.

XI. That the accustomed fees now payable for the Court shall continue Accustomed fees of the Court, how to be received by the messenger, and applied towards payment of a court received and apkeeper and tipstaffs and the other incidental expenses necessary for the plied, by messenger. proper maintenance of such Courts as the Commissioners, or either of them, shall direct; and that the surplus (if any) shall be paid at the end of every Surplus to B. & C. six months to the credit of the "Bankruptcy and Compensation Fund Account."

Fund.

XII. That upon the taxation of all bills of fees or disbursements by the Fees on taxation, how applied, Commissioners of Bankrupt, or either of them, there shall be paid the same fees as would have been payable to the Chancery Fund if such bills had been taxed by one of the Masters; which fees shall be paid by the Commissioners of Bankrupt to the credit of the "Bankruptcy and Compensation Fund Account."

XIII. That the words "dealer and chapman" shall, in all cases, be "Dealer and inserted in the petition and Commission as part of the description of the Chapman" in petition, &c. alleged Bankrupt or Bankrupts, whether these words be in the docket or

not.

amended.

XIV. That when, in any Commission, mere clerical errors shall occur Clerical errors which can be amended by reference to the docket upon which the said Commission shall have issued, the same may be amended in the office of the Secretary of Bankrupts notwithstanding the Commission may have been opened, provided the same shall not have been adjudicated upon; such Commission, in all cases, to be resealed, and a memorandum shall be endorsed thereon by the Secretary of Bankrupts, of the fact of such resealing.

EDWARD B. SUGDEN, C.

Official Assignee no trade or other

employment.

Appointment to be enrolled.

To give security.

5,000

By Guarantee Society,

In Bankruptcy-And in the Matter of an Act, passed in the 12th & 13th year of the reign of her Majesty Queen Victoria, entitled" An Act for the Amendment of the Law of Bankruptcy in Ireland."

RULES AND ORDERS RELATING TO OFFICIAL ASSIGNEES MADE BY THE
COMMISSIONERS OF BANKRUPT, JOHN MACAN, ESQ., Q.C., AND THE
HONORABLE PATRICK PLUNKET, WITH THE CONSENT OF THE RIGHT
HONORABLE THE LORD CHANCELLOR, IN PURSUANCE OF THE PROVI-
SIONS OF THE SAID ACT-

IT IS ORDERED as follows:

I. That no official assignee shall, either directly or indirectly, carry on any trade or business, or hold or be engaged in any office or employment, other than his said office and employment as official assignee.

II. That each official assignee, upon obtaining his appointment as such from the Lord Chancellor, shall lodge same in the office of the Lord Chancellor's Secretary of Bankrupts, and cause same to be duly enrolled, and a certificate of such enrolment duly endorsed thereon.

III.—That each Official Assignee shall find security to the extent of five thousand pounds sterling, either by security of any guarantee society established by charter or Act of Parliament in any part of Great Britain or Ireland, if the Commissioners of Bankrupt shall think fit to accept the same, or or Recognizance by the recognizance or bond of such Official Assignee, together with such number of sureties as the Commissioners may approve of; every such recognizance to be acknowledged as directed by the said Act; and the condition of every such security shall be in such form as the Commissioners, with the approbation of the Lord Chancellor, may direct.

or Bond.

To be enrolled.

If by Bond, to be IV. That if the security to be given by and for such Official Assignee be executed before by bond, every such bond, and the condition thereof, shall be in such form Commissioner, and lodged in Se as the Commissioners, with the approbation of the Lord Chancellor, shall cretary of Bank- direct, and shall be executed by the several obligors therein, before the Comrupt's office, missioners of Bankrupt, or one of them, and shall be thereupon lodged by one of the registrars in the office of the Lord Chancellor's Secretary of Bankrupts, who shall cause same to be duly enrolled, and a certificate of such enrolment to be endorsed thereon, and preserve said bond among the records of said office. V.-That each Official Assignee, for whom security shall have been given by recognizance or by bond, shall, on the 1st day of January in every year, or within one week then next following, make a declaration in writing under his hand, to be by him filed in the office of the Lord Chancellor's Secretary of Bankrupts, that to the best of his knowledge and belief, his sureties are alive and solvent; and in such declaration state to the best of his belief any change of residence of any or either of such sureties, which declaration shall be dated by said Secretary, and preserved among the records of said office.

Every 1st Jan. to make declaration that sureties are alive, &c.

On pain of dismissal, to give immediate notice of death, &c. of surety.

VI. That each Official Assignee, for whom such security by recognizance or by bond shall have been given, shall, on pain of dismissal, give immediate notice in writing to the Commissioners of Bankrupt, or one of them, of the death or insolvency of either or of any of his sureties, and shall, if required by such Commissioner, cause a new recognizance or bond to be

executed to the like amount by another surety, to be approved of as above directed.

VII. That the Official Assignees respectively shall be appointed to the Shall be appointseveral Commissions, issued on and after the 1st November, 1849, and shall ed to commisact as such in all proceedings under same, in such order as the Commis- as Commissioners sioners respectively shall in each case direct.

sions in such order

direct.

VIII. That every such appointment shall be in writing, under the hand Appointment to of the Commissioners, or one of them, and shall be executed in duplicate, estate to be under hand of Commisand attested by one of the registrars, and shall be in the form or to the sioner. effect in schedule No. 1, to these rules annexed; and one part thereof shall In duplicate. be placed on the file of proceedings in the matter, and the other part shall Form of be delivered to the Official Assignee. One part to be on the file. IX. That the agent to every Commission respectively, shall cause a Certificate of certificate of such appointment under the hand and seal of the Commissioner appointment to be enrolled, who signed same, to be entered of record in the office for the enrolment of matters relating to Bankruptcy, and cause such certificate, with the note of the enrolment endorsed thereon, to be placed upon the file of proceedings in and placed upon

the matter.

the file.

X.-That the Official Assignee shall not in any case, appoint the agent Agent to commisor attorney to the Commission, to be his agent or attorney in any proceeding sion shall not be under such Commission affecting such Official Assignee alone.

agent of Off. As.

XI. That each Official Assignee shall follow the instructions of the Offi. As. to follow Commissioner under whom he acts, according to the exigencies of each par- instruction of Commissioner, ticular case, and to the directions he shall from time to time receive from such Commissioner, subject however to the provisions contained in these subject hereto. orders.

XII.-That each Official Assignee shall keep the following books to be Books to be kept used for the several estates to which he is appointed:

1. The Commission Book.

2. The Bankrupt's Books' Register, containing a list and description of

all the books delivered to such Official Assignee under each estate.

3. The Register Land Book.

4. Debtor and Personal Property Book.

5. Bill Book.

6. Fair Cash Book.

7. Audit and Dividend Book, together with such other books as may be

necessary, for the clear and satisfactory discharge of his duties as

Official Assignee.

by Official Assignee.

XIII. That the said Commission book, No. 1, shall be an alphabet book, Book No. 1, to be and the Official Assignee shall enter therein, in alphabetical order, the names alphabet book. and description of the Bankrupts under each Commission to which such Official Assignee to enter therein, Official Assignee is appointed, and as they appear in the said Commissions, &c. with the date of such Commissions respectively; where more than one Bankrupt is included in such Commission, the said entry to be made under the initial letter of the Bankrupt first named in such Commission.

XIV. That the Official Assignee, immediately on his appointment to any To deliver or transmit immeestate by the Commissioners, shall deliver personally or transmit by post to diately to Bankthe Bankrupt a letter in the form in the schedule annexed, No. 2; and on rupt, letter No. 2. being furnished with the list of Bankrupt's Creditors (A.) thereby required, Duty, on receiving the Official Assignee is minutely to examine same, so as to be prepared to oppose improper proofs at the meeting for the choice of Assignees.

list of Creditors.

On receiving list of Debtors.

On receiving Bankrupt's schedule,

to make fair

copy for own use Transmit original schedule.

All Assignees to

state on oath they examined schedule, &c.

Duty on Off. Ass.

if schedule incomplete.

To deposit in Bank of Ireland all bills, &c.

To present unaccepted bills.

To deliver docket

therewith.

Bank to demand payment of bills, &c., due;

On receiving the list of Debtors (B.) required by such letter, the Official Assignee is forthwith to transmit by post a printed circular in the form in schedule annexed, No. 3, to each of the said Debtors.

XV. That the Official Assignee shall, immediately on receiving the schedule and balance sheet of the Bankrupt, examine same, so as to ascertain that every page is signed by the Bankrupt, and all the columns and blanks properly filled up, and if this should be the case, he shall immediately cause a fair copy thereof to be made for his own use, and shall then transmit the original schedule and balance sheet to the agent of the Commission to be preserved among the proceedings, and the Official Assignee is to communicate fully with the Creditors' Assignee or Assignees, and with the agent to the Commission, and the Bankrupt if necessary, upon every part of the schedule and balance sheet, before the final examination, in order that all the Assignees may be prepared to state upon oath that they have carefully examined them, and whether or not they are satisfied that the Bankrupt has made a full and true disclosure of his estate and effects. If the Official Assignee should find that the schedule is incomplete in any respect, he is to return same to the Bankrupt without delay, and with such directions for the amendment thereof as the case may require.

XVI. That each Official Assignee shall deposit in the Bank of Ireland all bills, notes, and other negotiable instruments (except unaccepted bills of exchange,) as soon as he shall receive the same, and shall duly present without delay all unaccepted bills for acceptance, and in like manner deposit in said bank all unaccepted bills of exchange when same shall be accepted, and at same time deliver to the teller or cashier of the said bank a docket specifying the dates and short contents of the instruments so deposited, the name of the Official Assignee making such deposit, the name and description of the Bankrupt and Bankrupts, and the particular estate to which the same respectively belong.

XVII.-That when and so soon as any note or other negotiable instrument deposited as aforesaid shall become due, the said bank shall, in due course, cause same to be presented for payment, and receive the and place to joint money due thereon, and forthwith place the sum so received (if any,) to the credit of Off. Ass. and Creditors' credit of the said Official Assignee and Creditors' Assignee or Assignees, Assignee, &c. and of the said particular estate as above directed.

Bills, &c., not paid, protested;

and then delivered back.

Official Assignee to make estates available.

XVIII. That in case any such bill, note, or other negotiable instrument shall not be paid, the said bank shall cause same to be noted or protested as is by law required, and after same shall have been noted or protested, shall cause same to be delivered back to the Official Assignee, in order that such legal proceedings may be taken thereon as the Commissioners, or one of them, may direct.

XIX. That in every case, the duty of making the Bankrupt's estate available for the benefit of the Creditors, will devolve particularly upon the Official Assignee, of which estate the debts owing to the Bankrupt constitute, in many instances, an important part; the Official Assignee is therefore not only to exert the utmost diligence and energy in collecting in said debts, but is at all reasonable times to communicate with the To communicate Commissioners thereon, in order that proper steps may be taken for enforcing payment thereof.

To use utmost

diligence to col

lect the debts.

with Commis

sioners.

Not to keep in XX. That no Official Assignee shall keep in his hands, or under his hands more than control, upon any one estate more than £50, nor in the aggregate of the

Excess to be

moneys received by him out of the Bankrupts' estate more than £250 and £50 upon any any excess beyond such sums respectively, shall be paid by him forthwith estate, nor in the aggregate into the Bank of Ireland, to the joint credit of such Official Assignee and more than £250. the Creditors' Assignee or Assignees, and of their joint account as such paid into bank to Assignees, and to the credit of the particular estate to which such money joint credit of Off. Ass, and may belong; and no moneys shall be entered in any such account except Creditors' Ass. such as are received by the Official Assignee in his official capacity.

XXI.—That such Official Assignee shall, at the time of paying in such At time of paying into bank, to demoneys, deliver therewith to the teller or cashier of the said bank a docket, liver there with specifying the date and amount of such payment, the name and descrip- a docket. tion of the Bankrupt or Bankrupts, and the particular estate to which the money belongs, the name of the Official Assignee making same, and that same is to be placed to the joint credit of the said Official Assignee, and the Creditors' Assignee or Assignees, and of the said particular estate, and shall take a receipt for the same.

XXII.-That moneys so lodged in said bank, or so standing in said Money drawn out of bank, upon bank to the credit of any matter in Bankruptcy, shall be drawn out exjoint cheque of cept upon the joint cheque of the Official Assignee and of the Cre- Off. Ass. and ditors' Assignee in such matter, signed by them respectively, unless the Commissioners of Bankrupt, or one of them, shall in any case otherwise specially direct.

Creditors' Ass.

XXIII. That whenever, and as often as the Official Assignee shall On receiving 100 out of any receive or have in his hands, out of the moneys belonging to any one one estate, to estate, the sum of £100 or upwards, he shall immediately give notice thereof give notice to Creditors' Asin writing to the Creditors' Assignee or Assignees, stating in such notice signee. when, from whom, and on what account, such sum had been received; and also whether or not he had lodged any, and what part thereof, in the Bank of Ireland, to his and their joint credit, and to the credit of such estate, as above directed; and also the date of such lodgment.

XXIV. That each Official Assignee shall account once at least in every To account every four calendar months, under every Commission to which he shall be so oftener, if refour months, and appointed as aforesaid, and oftener if so required by the Commissioners, or required. either of them.

XXV. That the Official Assignee shall before any audit enter in the Before audit, to enter in book the book, called the " Debtor and Personal Property Book," (No. 4), the names names of debtors, of all the debtors to the Bankrupt's estate, as returned in his schedule and balance sheet, and shall state on the opposite page the reasons why the debts with reasons why debts not paid. respectively are not paid; such book to be produced to the Court at every audit. XXVI. That fourteen days before the day appointed for the audit of the 14 days before Official Assignee's account in any matter, he shall send to the Creditors' As- audit, to send fair copy of account to signee or Assignees a fair copy of the account to be laid before the Commis- creditor's assignee. sioner at such audit, a copy of which account the Official Assignee shall also deliver or send to the Bankrupt gratis, and to any creditor who shall have To Bankrupt and proved a debt, upon his applying for the same, and paying to the Official to creditor who proved. Assignee the sum of one shilling: but this rule is to apply to audits merely; If dividend adverif a dividend should be advertised, the Official Assignee is to send the account tised, to send the as prescribed by the thirty-sixth section of the above Act.

account under

8. 36.

XXVII. That every account of the Official Assignee to be audited by the All accounts in Commissioners shall be drawn up in the ordinary form of a debtor and form of debtor and creditor account, and the Official Assignee shall make himself the debtor

creditor.

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