THE BANKRUPTCY REPEAL AND 32 & 33 VICT., CHAP. 83. An Act to provide for the winding-up of the business of the late Court for the Relief of Insolvent Debtors in England, and to repeal Enactments relating to Insolvency, Bankruptcy, Imprisonment for Debt, and matters connected therewith. [9th August, 1869.] WHEREAS it is expedient to provide for the winding up of the business of the late Court for the Relief of Insolvent Debtors in England: And whereas the enactments described in the schedule to this Act relate to insolvency or bankruptcy, or imprisonment for debt, or to matters connected therewith, and the same either have ceased to be in force, or on the commencement of divers Acts of the present session will cease to be in force, and it is therefore expedient that the same be expressly repealed: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Preliminary. § 1. Short title. 1. This Act may be cited as The Bankruptcy Repeal and Insolvent Court Act, 1869. §§ 2-5. 2. This Act shall not come into operation until the day on which The Bankruptcy Act, 1869, comes into Commenceoperation, which day is hereinafter referred to as the ment of Act. commencement of this Act. PART I Temporary Provisions respecting Insolvent Debtors. of part of Act. 3. Words and expressions defined or explained in The Construction Bankruptcy Act, 1869, shall have the same meaning in this part of this Act. 4. The Court of Bankruptcy in London shall have all the jurisdiction, powers, and authorities possessed at the commencement of The Bankruptcy Act, 1861, by the late Court for the Relief of Insolvent Debtors in England (in this part of this Act called the late Insolvent Debtors Court), in relation to all matters then pending in that Court, and not completed at the commencement of this Act, and all matters at the commencement of this Act pending in that Court or in the County Courts under the Acts for the relief of insolvent debtors shall (subject to the express provisions of this part of this Act) be continued and completed therein as if this Act had not been passed. 5. Rules of Court may be made in manner provided by General rules The Bankruptcy Act, 1869, for the effectual execution of to be made. this part of this Act and of the objects thereof, and the regulation of the practice and procedure in proceedings thereunder, and the provisions of The Bankruptcy Act, 1869, with respect to the making of rules of Court shall apply accordingly. §§ 5-7. Saving for liability under Insolvent Debtors Acts. Until rules have been made in pursuance of this section, and, so far as such rules do not extend, the principles, practice, and rules on which Courts having jurisdiction in insolvency have heretofore acted in dealing with insolvency proceedings shall be observed. 6. The judge of any Court exercising jurisdiction under this part of this Act may delegate to the registrar or to any other officer of his Court such of the powers vested in him under this part of this Act as are allowed by the rules of Court to be so delegated. 7. Where a bankrupt has before adjudication of bankruptcy taken the benefit of any Act for the relief of insolvent debtors, nothing in The Bankruptcy Act, 1869, shall interfere with the operation of the Act of which he so took the benefit, in respect of the liability of property acquired after his discharge under that Act, if and so far as any such liability would have existed if The Bankruptcy Act, 1869, had not been passed. Under the B. A. 1861, the following case was decided. In 1861 P. petitioned the Insolvent Debtors Court under 1 & 2 Vict. c. 110, and was discharged. In 1864 he obtained an order of discharge under 24 & 25 Vict. c. 134, s. 159. Held, that the order of discharge in bankruptcy did not discharge from the debts owing under the insolvency, and that certain property to which the insolvent had become entitled should be applied, so far as would be necessary, in satisfaction of the judgment entered up on the warrant of attorney. (Re Pain's Bankruptcy, 16 W. R. 308.) Affirmed on appeal as follows:- -An insolvent obtained his order of discharge in insolvency, and gave the usual warrant of attorney to the provisional assignee. The insolvent afterwards obtained an order of discharge in bankruptcy, and subsequently, as next of kin of an intestate, acquired property. Judgment was then entered up on the warrant of attorney. Held, that the insolvent's property remained liable to his unpaid debts under the insolvency. (Ex p. Pain, re Pain, 16 W. R. 833; 18 L. T. N. S. 753.) §§ 7-9. for duties of 8. The person at the passing of this Act holding the Provision office of provisional and official assignee of the estates provisional and effects of insolvent debtors shall be deemed to have assignee. been duly appointed, and shall (subject to the provisions of this Act) continue, on the same terms on which he then holds that office, to perform the duties imposed on him by or under The Bankruptcy Act, 1861, or any other Act. If a vacancy occurs in that office at any time after the passing of this Act, the Lord Chancellor may appoint a fit person to perform the remaining duties thereof, who shall receive such remuneration as the Lord Chancellor, with the concurrence of the Commissioners of Her Majesty's Treasury, from time to time directs, and the person so appointed shall have all the powers and authorities of the person who is at the passing of this Act the provisional and official assignee; and all estates, rights, and effects vested at the time of the vacancy in the provisional and official assignee shall, by virtue of such appointment, become vested in the person so appointed, and the like appointment on a vacancy shall be made and the like vesting shall have effect from time to time as occasion requires. Debtors 9. The provisional and official assignee of the estates Receiver of and effects of insolvent debtors and the person for the Insolvent time being appointed to perform the remaining duties of Court. that office shall also be styled the receiver of the late Insolvent Debtors Court, and as such he shall act in such manner in relation to the receipt and custody of money paid to him or into Court in respect of the estates of insolvent debtors, and to the payment thereof out of Court, and give such security, as may be from time to time prescribed by the rules of Court. §§ 9-12. Clerks and officers of Insolvent Debtors Court. Salary of provisional assignee. Salaries of clerks and officers of court. The accounts of the provisional and official assignee and receiver may be audited by such person and in such manner and at such times as may be prescribed by the rules of Court. 10. The taxing master, clerks, and persons (other than the provisional and official assignee) at the commencement of this Act discharging duties connected with the late Insolvent Debtors Court shall continue to discharge the same duties as at the commencement of this Act; and every such clerk and person appointed before the commencement of The Bankruptcy Act, 1861, shall hold his appointment during good behaviour, but may be removed by the Lord Chancellor, by order, for some sufficient reason therein stated. If a vacancy happens in the place of any clerk or person to whom this section relates, the Lord Chancellor may, if he thinks fit, with the concurrence of the Commissioners of her Majesty's Treasury, employ a fit person to discharge the duties of that place; and in the event of the duties of any such first-named clerk or person ceasing, he shall, if the Lord Chancellor thinks fit, be appointed to discharge similar duties in the Court of Bankruptcy in London in case his services are required in that behalf, and if not SO appointed his office shall be abolished, and he shall be awarded the same compensation as if his office had been abolished by The Bankruptcy Act, 1869. 11. The person who is at the passing of this Act the provisional and official assignee shall as long as hẹ remains in office receive the same salary as at the commencement of this Act. 12. The clerks and persons (other than the provisional and official assignee) who under this Act discharge duties |