Stamp duty. PART VII. 8. d. CHAP XVII. Every application for search for proceedings, other than by peti- £ Every office copy, each folio of 72 words On first certified statement showing assets realized, forwarded by a trustee to the comptroller under sect. 55 of the act, stamps denoting a duty computed at the rate of five shillings upon 1007. or fraction of 1007, on the gross amount of the assets realized and brought to credit, and on any subsequent statement, stamps denoting a duty computed at the rate of one shilling upon 201. or any fraction of 201. on the gross amount of additional assets realized and brought to credit in any such subsequent statement. On every record of trial.. .. or such less sum as the court may specially order. Every allocatur by any officer of the court for any costs, charges, or disbursements, where such bill of costs shall not exceed 51. Exceeding £5 and not exceeding £10 010 0 5 0 0 0 2 5 0 0 0 .. 0 2 5 6606 0 0 2340 5 Serving every debtor's summons, bankruptcy petition, subpoena, order, notice, or other process within two miles, including affidavit of service Executing every warrant of seizure, or search warrant, or warrant of apprehension, or order of commitment, within two miles of court house Keeping possession-for each day the man is actually in possession; including affidavit of possession being actually kept (38. 6d. of the above sum is to be paid to the man in possession, and his receipt produced.) High bailiff's, or in the London Bankruptcy Court officer's, man His time, per day, where distance exceeds 10 miles If high bailiff of a county court or officer of London Bankruptcy 0 0 7 If high bailiff of a county court or officer of London Bankruptcy PART VII. tion may be allowed for taking it, having regard to the time occupied, and the CHAP. XVII. nature of the property included in it. Where no trustee is appointed by the creditors, or where there is a vacancy in the office of trustee, and the bankruptcy is carried on with the aid of the registrar as trustee for realization of the estate 57. per cent. on the first amount of 1007. or any less sum realized by the registrar; 24 per cent. on the next amount of 4007. or any less sum; 1 per cent. on the next amount of 5007. or any less sum; and per cent, on all further sums. On dividend 27. per actually divided, and 1 cent. on the first amount of 1,000l. or any less sum per cent. on all further sums. TABLE C. The fees and allowances payable on proceedings had after the 31st day of December, 1869, in respect of any matter which was pending in any court having jurisdiction in bankruptcy on the said day shall be the same as if those proceedings had been taken before such day, and shall be applied to the same purposes. Sect. 68. We, the undersigned Lords Commissioners of her Majesty's Treasury, do hereby sanction the foregoing scale of fees, and do direct that the fees to be taken by stamps shall be those mentioned in Table A., and that the fees mentioned in Table B. shall be taken in money, and that the fees and allowances referred to in Table C. shall be taken by stamps or money according as they have hitherto been taken. And we further direct that the stamp shall be affixed or the money paid in respect of every fee before the proceeding is had in respect of which the fee is payable, and that the charge to be made by the London Gazette for the insertion of each notice authorized by the act or rules shall be ten shillings. 10th August, 1871. W. P. ADAM. Stamps.]-"The Bankruptcy Rules, 1870," provide that— Rule 206. "Every officer of the court who shall receive any document to which an adhesive stamp shall be affixed, shall, immediately upon the receipt of such document deface the stamp thereon, by writing partly on the stamp and partly on the document the name of the debtor; and no such document shall be filed or delivered until the stamp thereon shall have been defaced in manner aforesaid, and it shall be the duty of the party presenting or receiving such document to see that such defacement has been duly made." CHAPTER XVIII. COSTS IN BANKRUPTCY. § 1.-GENERAL PROVISIONS RELATING TO COSTS. § 2.-SCALE OF COSTS IN BANKRUPTCY. §3.-SCALE OF COSTS IN LIQUIDATION BY Arrangement. § 1.-GENERAL PROVISIONS Relating to Costs. "The Bankruptcy Act, 1869," s. 78, empowered the Lord Chancellor, with the advice of the chief judge in bankruptcy, to make rules of court, prescribing regulations inter alia" as to the fund out of which costs are to be paid, the order of payment, and the amount and taxation thereof" (a). "The Bankruptcy Rules, 1870," contain the following provisions relating to costs : Rule 186. "The court may in all matters before it award such costs as to it shall seem fit and just; and all costs so awarded by the London Bankruptcy Court shall be recoverable in the same manner as costs awarded by a rule of any of the superior courts of common law at Westminster may be recovered, and all costs so awarded by a county court shall be taxed and recoverable in the same manner as costs ordered to be paid in any such court in any action or suit." 187. "Every order for payment of money and costs, or either of them, shall be sealed with the seal of the court, and be signed by a registrar and shall be forthwith filed with the proceedings." 188. "All costs shall be in the discretion of the court, and shall be paid by such persons as the court shall order, and every such order for payment of costs may be enforced by execution." 189. "The costs directed by any such order to be paid shall be taxed on production of an office copy of such order, and the allocatur being duly stamped shall be signed and dated by the master or registrar taxing the costs.' "The Bankruptcy Rules, 1871," contain the following further provisions : Rule 4. "All bills and charges of attorneys, receivers, managers, accountants, auctioneers, brokers, and other persons not being trustees, in matters of bankruptcy, shall be taxed by the proper officer of the (a) See sect. 78, ante, p. 206. PART VII CH. XVIII. Court, and no payments in respect of such bills or charges shall be allowed by the comptroller, in the accounts of a trustee, without due proof of such taxation having been made. The taxing officer shall satisfy himself that the employment of a solicitor has been duly authorized by section 29 of the act.” Rule 5. "All bills and charges of attorneys, receivers, managers, accountants, auctioneers, brokers, and other persons not being trustees, in matters of liquidation, shall be taxed by the proper officer of the court, and no payments in respect of such bills or charges shall be allowed in the accounts of a trustee without due proof of such taxation having been made. No payment shall be allowed in respect of the remuneration of a trustee in liquidation, except on the allocatur of the taxing officer, as being in accordance with the determination of the creditors thereon." Rule 6. Where in bankruptcy or liquidation a receiver or manager is continued as trustee, the remuneration of trustee at the rate determined on shall commence as from the date of his appointment as receiver or manager, and shall be assessed accordingly; and no other than the aforesaid remuneration shall be made to the trustee for his services as receiver or manager." Rule 7. "Where the receiver or manager is not continued as trustee, or is continued as trustee but without remuneration, he shall be allowed out of the estate such sum for his services as receiver or manager as the taxing officer of the court shall, having regard to the views of the trustee and committee of inspection (if any) thereon, think fit." Rule 8. "Where any costs in bankruptcy or liquidation are incurred subsequent to these rules, and the proveable debts of the debtor do not exceed 750%., or the estimated assets do not exceed 2007., a lower scale of attorneys' costs shall be allowed, namely, three-fifths of the charges ordinarily allowed, disbursements being added. If in error any charges have been allowed or paid on the higher scale, and the proveable debts shall afterwards be ascertained not to exceed 7501., or the gross proceeds of the assets not to exceed 2007., the excess shall be disallowed, and if paid shall be repaid to the trustee.” The jurisdiction to tax costs in bankruptcy is, it seems, independent of the Attorneys and Solicitors Act, 6 & 7 Vict. c. 73, s. 37, and the registrar is bound to tax such costs, notwithstanding the lapse of twelve months from the delivery of the bill (b). §2.-SCALE OF COSTS IN BANKRUPTCY. The following scale of costs was issued on the 1st January, 1870: SCALE OF ATTORNEY'S COSTS. Petitioning Creditor's Bill of Costs to the Appointment of Trustee. £ s. d. (b) See Ex parte Blair, In re Mackle, 39 L. J. (N. S.) Bankr. 45. Examining particulars of petitioning creditor's account The act of bankruptcy being a declaration admitting inability to pay, filed by the attorney to the petitioner, or an assignment prepared by the attorney to the petitioner, or default made upon a debtor's summons issued by the attorney to the petitioner, these two last charges will not be allowed. The expense of an assignment will not be allowed where a declaration of inability would answer the purpose. If attorney reside at a distance : Writing agent to search for prior petition, 3s. 6d. Agent's writing result of search Searching, if prior petition filed 38. 6d. Ingrossing same, 4d. per folio only to be allowed where the petition exceeds seven folios. Paid for stamp and parchment.. 0 6 078 0 10 0 5 1 0 Attesting signature of each petitioner, except in case of partnership. O Preparing subpoena and serving witnesses, or arranging with witnesses for their attendance on presentation of petition Paid them See Witnesses' Scale. Petitioning creditor is not to be regarded as a witness, and is not to be paid for loss of time; he may claim his expenses of travelling and subsistence. Attending on presentation of petition when court investigated statements therein, and clerk One fee only for attending will be allowed, unless by direction of the court at the time, and a memorandum of its allowance produced to the taxing officer. 884∞ 1636 0 13 4 100 Drawing order for hearing of petition .. Drawing order for bankrupt's attendance at first meeting, and copy for service and attending and obtaining signature.. Attending first meeting and clerk Where Act of Bankruptcy the filing a Declaration of Inability to pay. Drawing declaration for inability to pay Where Act of Bankruptcy is an Assignment for Benefit of Creditors (to be allowed only by special Order of the Court). |