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§ 67.

Whereas by a general order made by the Lord High Chancellor of Great Britain, bearing date this day, it is ordered as follows, All the proceedings in, and business of the bankruptcies, and of all other matters pending in the Old London Bankruptcy Court on the 31st day of December, 1869, shall be transferred to the new London Bankruptcy Court. And it is further ordered that the chief registrar, registrars, accountant in bankruptcy, taxing masters, official assignees, and all other officers holding offices or employed in the old London Bankruptcy Court, shall until further order perform the same or the like duties in relation to the business to be performed in the new London Bankruptcy Court as they have respectively performed in the old London Bankruptcy Court, and that the said business shall be distributed amongst the before mentioned officers in the manner in which the business of the old London Bankruptcy Court was distributed amongst them.

And whereas by the 67th section of the Bankruptcy Act, 1869, it is enacted as follows, that is to say:

"The Chief Judge in Bankruptcy, and every judge of a local Court of Bankruptcy may, subject and in accordance with the rules of the Court for the time being in force, delegate to the registrar, or to any other officer of the Court, such of the powers vested in him by this Act as it may be expedient for the chief judge to delegate to him."

And whereas by the second of the general rules made in pursuance of the Bankruptcy Act, 1869, it is provided as follows:

"The Chief Judge in Bankruptcy may delegate to the registrars of his Court such of the powers vested in him by the Act as such Judge may deem it expedient to delegate, except the power to make an order to commit a person for contempt."

Now I, the Honourable James Bacon, Chief Judge in Bankruptcy under and by virtue of the said recited general order, the said recited second general rule, the 319th general rule, and of all other powers, authorities, and privileges vested in me as such Chief Judge, do delegate to the following registrars of my Court, namely, William Hazlitt, Henry Philip Roche, James Rigg Brougham, William Powell Murray, Philip Henry Pepys, Esquires, and the Honourable William Cecil SpringRice, the following powers, that is to say:

With respect to the business of the old Court of Bankruptcy transferred to the new Court of Bankruptcy, under and by virtue of the said order of the Lord Chancellor, the said registrars shall proceed with the prosecution and winding up of all business pending in the old Court of Bankruptcy on the 31st day of December, 1869, and for the purpose of prosecuting and winding up such business, shall under and by virtue of this delegation, possess and exercise all the power and authority vested in me as such Chief Judge, except the power to make an order to commit a person for contempt.

The said several registrars shall proceed with the prosecution and winding up of the business so pending in the Courts to which they were respectively attached on the 31st day of December, 1869.

Dated this first day of January, One thousand eight hundred and seventy.

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Whereas by section 67 of the Bankruptcy Act, 1869, it is enacted that "The Chief Judge in Bankruptcy and every Judge of a Local Court of Bankruptcy may, subject and in accordance with the rules of court for the time being in force, delegate to the registrar or to any other officer of his Court, such of the powers vested in him by this Act as it may be expedient for the Judge to delegate to him."

And whereas by the general rules for regulating the practice and procedure of the London Bankruptcy Court, general rule 2, it is provided that the Chief Judge in Bankruptcy may delegate to the registrars of his Court such of the powers vested in him by the Act as such Judge may deem expedient to delegate, except the power to make an order to commit a person for contempt. Now I, the Honourable James Bacon, Chief Judge in Bankruptcy, do delegate to the several registrars of my Court the several powers hereunder specified, that is to say:

1. The power to hear and determine any debtor's summons and any application to dismiss such summons and to make all such orders as may be requisite relating thereto.

2. The power to hear and to adjudicate upon all bankruptcy petitions and to determine all matters in relation

§ 67.

§ 67.

thereto except the power to restrain or regulate proceedings under section 13 of the Act.

3. To adjudicate upon any application by the trustee in relation to directions given to him by the committee of inspection.

4. To adjudicate upon any application to annul the order of adjudication under sect. 28.

5. To adjudicate upon any application for close of the bankruptcy under sect. 47.

6. To grant orders and issue requests for auxiliary aid under sect. 74.

7. To grant orders for the examination of persons in Scotland or Ireland under sect. 75.

8. To issue warrants for the discovery of property under sect. 76.

9. To adjudicate as to the consolidation and transfer of proceedings, the substitution of a creditor for the petitioning creditor, and the continuance of proceedings notwithstanding the death of the bankrupt under sect. 80.

10. To order the redirection and delivery of post letters addressed to the bankrupt upon the application of the trustee, under sect. 85 of the Act.

11. To issue subpoenas for the attendance of witnesses or of the bankrupt or his wife and for the production of documents under sect. 96, and to take the examination of such parties under sect. 97.

12. To adjudicate as to the payment of debts admitted to be due to the estate under sect. 98.

13. To grant search warrants for the discovery of property under sect. 99.

18th January, 1870.

JAMES BACON.

Order.

Whereas by section 67 of the Bankruptcy Act, 1869, it is enacted that "The Chief Judge in Bankruptcy and every Judge of a Local Court of Bankruptcy may, subject and in accordance with the rules of Court for the time being in force delegate to the registrar or to any other officer of his Court, such of the powers vested in him by this Act as it may be expedient for the Judge to delegate to him."

And whereas by the general rules for regulating the practice §§ 67-69. and procedure of the London Bankruptcy Court, general rule 2, it is provided that the Chief Judge in Bankruptcy may delegate to the registrars of his Court such of the powers vested in him by the Act as such Judge may deem expedient to delegate, except the power to make an order to commit a person for contempt.

Now I, the Honourable James Bacon, Chief Judge in Bankruptcy, under and by virtue of the said recited Act and of the said recited general rules, do delegate to the following registrars of the London Court of Bankruptcy, viz., William Hazlitt, Henry Philip Roche, James Rigg Brougham, William Powell Murray, Philip Henry Pepys, Esquires, and the Honourable William Cecil Spring-Rice, and to each and every of them the several powers vested in me by the said recited Act and the said recited general rules, except the power to make an order to commit a person for contempt, and except also the power of hearing any appeal from a Local Bankruptcy Court, under section 71 of the said recited Act, and except also the power of hearing a trial before a jury of any question of fact which the parties in any matter desire shall be so tried under section 72 of the said recited Act.

JAMES BACON, Chief Judge.

Dated this 5th day of July, 1870.

68. The Lord Chancellor shall, with the sanction of Scale of fees. the Treasury, from time to time prescribe a scale of fees to be charged for any business done by any Court or officer thereof under this Act; and the Treasury shall direct whether the same shall be imposed by stamps or otherwise, and by whom and in what manner the same shall be collected, accounted for, and appropriated, and whether any and what remuneration shall be allowed to any person performing any duties under this Act.

(See Courts of Justice Salaries and Funds Acts, 1869 (post), ss. 18, 19, 20, 21, 22, and schedule.)

69. No judge, registrar, or officer having jurisdiction Judges and

officers in bankruptcy to be ineligible to sit in Parliament.

§§ 69, 70. in bankruptcy, or attached to any Court having jurisdiction in bankruptcy, shall, during his continuance in office, be capable of being elected or sitting as a member of the House of Commons; and no registrar or officer of such Court shall, during his continuance in office, either directly or indirectly, by himself or partner, act as an attorney or solicitor in any proceeding in any bankruptcy in any Court of which he is registrar or officer, or in any appeal from such Court, or in any prosecution of a bankrupt by order of such Court, under pain of dismissal by the judge; and such dismissal shall be in writing, stating the reasons for the same; and a copy thereof shall be sent to the Chief Judge in Bankruptcy, who, if he shall see fit, may reinstate such registrar or officer.

Solicitors of
Court of

Chancery may
practice in
Bankruptcy.
Court.

70. Every attorney and solicitor of the superior courts shall be, and may practise as a solicitor of, and in the Court of Bankruptcy, and in matters before the Chief Judge or registrars, in the London Court of Bankruptcy, in Court or in chambers, may appear and be heard without being required to employ counsel; and if any person not being such attorney or solicitor practises in the Court of Bankruptcy as attorney or solicitor, he shall be deemed guilty of a contempt of the Court.

Persons practising as attorneys, without certificate, are liable to indictment for misdemeanour, under s. 2 of 6 & 7 Vict. c. 73 and 23 & 24 Vict. c. 127. (Reg. v. Buchanan, 8 Q. B. 883; 15 L. J. N. S. Q. B. 227.) But proceedings are not invalidated where the solicitor's not having, at the time of attesting, &c., taken out his certificate, was owing merely to inadvertence. (Sparling v. Brereton, 14 L. T. R. N. S. 166.)

A solicitor acting in a matter before the Court becomes an officer of the Court to which he is amenable for anything done by him within its jurisdiction. But the Court will not interfere summarily against a solicitor of the Court except a grave cause of complaint is made out against him for conduct

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