§§ 128, 129.

of London Bankruptcy

to hold offices.

PART VIII.

TEMPORARY PROVISIONS.

Bankruptcy Courts.

Commissioners 128. Such one of the present Commissioners of the London Bankruptcy Court as may be chosen by Her Court to cease Majesty shall be the first Chief Judge in the London Bankruptcy Court as constituted under this Act, and shall, as to tenure of office, salary, pension, and all other privileges except his title, continue in the same position in all respects as if his office had not been abolished by this Act; but, save as aforesaid, from and after the commencement of this Act the present Commissioners of the London Bankruptcy Court shall cease to hold their offices.

Transfer of officers of existing Court to new Court of Bankruptcy.

129. The chief registrar, registrars, accountant in bankruptcy, taxing masters, official assignees, messengers, and all other officers holding offices or employed in the existing London Bankruptcy Court, herein called the Old London Bankruptcy, at the commencement of this Act, shall, unless the Lord Chancellor otherwise directs, be attached to the London Bankruptcy Court as constituted under this Act, herein called the New London Bankruptcy Court. The officers so attached shall have the same relative rank, hold their offices by the same tenure and upon the same terms and conditions, and receive the same salaries as heretofore. The Lord Chancellor may by order make provision for winding up

such portion of the business pending in the said old Bankruptcy Court as cannot conveniently be transferred to the new Bankruptcy Court, and for transferring to such last-mentioned Court any business capable of being conveniently transferred, and every officer attached to such last-mentioned Court shall conform to any order so made by the Lord Chancellor. The Lord Chancellor may by order distribute the business to be performed in the said new Bankruptcy Court amongst the several officers attached thereto in such manner as he may think just, and such officers shall perform such duties in relation to such business as may be directed by the Lord Chancellor, with this qualification, that the duties required to be performed by them shall be the same or duties analogous to those which they have hitherto performed in the old Bankruptcy Court. The Lord Chancellor may at any time by order release from the performance of any duties in the new Bankruptcy Court any officer of the old Bankruptcy Court whose services he may deem unnecessary, and the office held by such person shall be deemed to be abolished unless it be an office required to be continued in pursuance of the provisions of this Act relating to the constitution of the new Bankruptcy Court. Any person so released shall, whether his office be altogether abolished or not, be entitled to compensation in the same manner in all respects as if his office had been abolished.

The following order was made by the Lord Chancellor:-"I, the Right Honourable William Page, Baron Hatherley, Lord High Chancellor of Great Britain, do, by virtue of the powers vested in me by the Bankruptcy Act, 1869, and of every other power vested in me, hereby order that all the proceedings in, and business of the bankruptcies, and all other matters pending in the old London Bankruptcy Court on the thirty-first day of December, one thousand eight

§ 129.

Abolition of

Country Dis

Bankruptcy.

hundred and sixty-nine, shall be transferred to the New London Bankruptcy Court.

66

And I do further order 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.

“Given under my hand this 1st day of January, 1870.

"HATHERLEY, C."

By the Courts of Justice Salaries and Funds Act, 1869, s. 14, "officer" is defined to be "all officers, clerks, messengers, and persons who are mentioned in the second parts of the third and fourth schedules to this Act, or are for the time being employed in the said Courts of Chancery, Bankruptcy, and Admiralty, or any of them, or the offices connected therewith. The officers of the Court of Bankruptcy, specified in the schedule indicated, are the chief registrar, registrar, accountant, taxing master, official assignees, clerks, ushers, messengers, and other officers and clerks."

130. From and after the commencement of this Act the trict Courts of Country District Courts of Bankruptcy shall be abolished, and the commissioners, registrars, official assignees, messengers, ushers, clerks, and officers of the said Courts respectively shall cease to hold their offices.

Such part of the business pending in any Country District Court of Bankruptcy as the Lord Chancellor thinks fit shall be disposed of by the registrar of that Court (who shall for that purpose continue to have and discharge all his powers and authorities, rights and duties,) and the residue of that business shall be transferred to the London Bankruptcy Court, or to such

County Court or County Courts as the Lord Chancellor, by order before or after its abolition, thinks fit to direct; but, subject as aforesaid, the office of any registrar in such Country District Court shall be abolished.

All books, papers, documents, and money in the custody or control of any such commissioners, registrars, official assignees, messengers, ushers, clerks, and officers, as such, shall be transferred to such Courts or persons as the Lord Chancellor may direct. The Lord Chancellor shall also by order declare the person or persons in whom any property vested in any official assignee or other officer as such of any Country District Court hereby abolished is to vest, and such property shall vest accordingly.

Where, under the 130th sect. of the Bankruptcy Act, 1869, the Lord Chancellor has ordered any pending business to be disposed of by the registrar of a Bankruptcy Court, an appeal will lie from the decision of such registrar to the Court of Appeal in Chancery. (Ex p. Blair, re Mackle, 39 L. J. R. Bank. 45; see also Ex p. Atkinson, re Brooksbank's Trust Deed, 39 L. J. R. Bank. 10; and Ex p. Palmer, in re Palmer, 39 L. J. R. Bank. 48.)

The business of the District Courts has been wound up, and those Courts finally closed, by order made by the Lord Chancellor.

§§ 130, 131.

to officers.

131. The Commissioners of Her Majesty's Treasury Compensation may, on the petition of any person whose office or employment is abolished by or under this Act, on the commencement of this Act or on any other event, inquire whether any, and, if any, what compensation ought to be made to the petitioner, regard being had to the conditions on which his appointment was made, the nature of his office or employment, and the duration of his service; and if they think that his claim to compensation is established, may award to him, out of monies to be

§§ 131-134.

Persons to be selected

whose office is abolished by Act.

Subsequent appointment to be notified to the Treasury.

Nominations to be by Lord Chancellor.

provided by Parliament, such compensation, by annuity or otherwise, as under the circumstances of the case they hink just and reasonable; provided that any such person held his office during good behaviour, or during good behaviour subject only to removal by the Lord Chancellor by order, for some sufficient reason to be stated in such order, the Lord Chancellor may, with the approval of the Commissioners of the Treasury, award under special circumstances an amount equal to the salary of any such person; and in every other case the sum awarded shall not be less than two thirds of the salary of such person.

132. Every person appointed to any office or employment created by this Act shall in the first instance be selected from the persons whose office or employment is abolished by this Act, unless, in the opinion of the Lord Chancellor, none of the last-mentioned persons are fit for such office or employment.

133. When any subsequent vacancy occurs in any office or employment created by this Act, and such vacancy is not filled up by the appointment of a person in the receipt of compensation under this Act, no permanent appointment shall be made until notice of the vacancy has been given to the Treasury, and until the Lord Chancellor has determined that no person in receipt of compensation under this Act is fit for such office or employment.

134. The Lord Chancellor may nominate or appoint any commissioner whose office has been abolished under this Act to some other judicial office of equal or greater salary for which he may be deemed fit by the Lord Chancellor, and to which he is entitled to nominate or appoint,