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EXPLANATION OF THE ABBREVIATIONS

USED IN THE REFERENCES.

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Adolphus and Ellis's Reports.
Atkyns's Reports.

Ball and Beatty's Reports.

Barnewall and Alderson's Reports.
Barnewall and Adolphus's Reports.
Barnewall and Cresswell's Reports.
Bingham's Reports.
Bingham's New Cases.
Bosanquet and Puller's Reports.
Broderip and Bingham's Reports.
Browne's Reports.

Campbell's Reports.

Carrington and Payne's Reports.
Cooke's Bankrupt Law, 8th Ed.
George Cooper's Reports.

Cowper's Reports, B. R.

Cresswell's Reports in Insolvent Debtor's Court.

Crompton and Jervis's Reports.

Crompton and Meeson's Reports.

Crompton, Meeson, and Roscoe's Reports.

Deacon and Chitty's Reports.

Deacon's Reports.

Douglas's Reports.

Dowling and Ryland's Reports.
Dowling's Practice Reports.
Espinasse's Reports.
Glyn and Jameson's Reports.
Henry Blackstone's Reports.
Jacob's Reports.

Jacob and Walker's Reports.
Maddock's Reports.

Manning and Ryland's Reports.
Maule and Selwyn's Reports.
M'Cleland's Exchequer Reports.
Montagu's Reports.

Montagu and Ayrton's Reports.
Montagu and Bligh's Reports.

Mon. & M'A.

Mood. & M.

Mood. & R.
Moor.

M. & P.

M. & Scott,

M. & K.

M. & C.

M. & W.

N. & Man.

Nev. & P.

New R.

P. W.

Per. & D.
Russ.

Russ. & M.

R. & M.

S. & S.

Montagu and M'Arthur's Reports.
Moody and Malkin's Reports.
Moody and Robinson's Reports.
John B. Moore's Reports in C. B.
Moore and Payne.

Moore and Scott's Reports.
Mylne and Keen's Reports.
Mylne and Craig's Reports.
Meeson and Welsby's Reports.
Nevile and Manning's Reports.
Nevile and Perry's Reports.

Bosanquet and Puller's New Reports.

Ord. Loughb. &c. Orders in Bankruptcy.

Sch. & L.
Sim.

Str.

T. R.

Taunt.

Tyrw.

V. & B.

Ves.

Peere Williams' Reports.
Perry and Davison's Reports.
Russell's Reports.

Russell and Mylne's Reports.
Ryan and Moody's Reports.
Simons and Stuart's Reports.
Schoales and Lefroy's Reports.
Simons' Reports.
Strange's Reports.
Term Reports.

Taunton's Reports.

Tyrwhitt's Exchequer Reports.
Vesey and Beame's Reports.
Vesey Junior's Reports.

Vez. or Ves. sen. Vezey Senior's Reports.

Y. & C.

Y. & J.

W. Bl.

Younge and Collyer's Reports.
Younge and Jervis's Reports.

Sir William Blackstone's Reports.

**The other references used in the course of this Work are such as are usually adopted.

THE BANKRUPT LAW.

INTRODUCTION.

SECT. 1. Offices connected with Fiats in Bankruptcy. 2. Court of Bankruptcy.

3. Commissioners and Subdivision Courts.

4. Court of Review.

5. Appeal.

6. Messengers.

7. Solicitors.

8. Routine of Business in issuing and prosecuting Fiats in

Bankruptcy.

9. Jurisdiction in Bankruptcy.

SECTION 1.

Offices connected with Fiats in Bankruptcy.

Court of Commissioners of Bankrupt.] BY stat. 1 & 2 Geo. 4, c. 115, all public meetings under commissions of bankrupt in London, and all places within the bills of mortality, as well those fixed by the commissioners, as also all meetings of creditors under commissions which are held in pursuance of public advertisements, shall be holden within the building called "The Court of Commis, sioners of Bankrupt," in Basinghall-Street, London, (s. 3, 17), unless otherwise specially directed in writing by the major part of the commissioners named in the commission. (s. 17).

But in country fiats, the meetings, private as well as public, take place usually at some inn or tavern in the town in which the fiat is opened; unless where secrecy is particularly requisite, in which case the private meeting is often holden at the solicitor's office.

The Bankrupt Office.] The Bankrupt Office, or office of the Secretary of Bankrupts, (where the docket, in cases of bankruptcy, is struck &c., as will be mentioned hereafter), is situate in Qualitycourt, Chancery-lane, London; attendance from 10 till 3, and

B

from 6 till 8 o'clock every day in the year, excepting Sundays, Christmas-day, Good-Friday, and days appointed by proclamation for general thanksgiving or fast; and no docket shall be struck but within the hours now mentioned, nor any but the usual fees taken for transacting any business out of the said office hours or on any holiday. (Ord. Eldon, 13th April, 1815).

Where it is necessary to have documents, deposited with the secretary of bankrupts, produced on a trial at law, the Court of Review cannot make a compulsory order upon the secretary, as he is not an officer of the Court of Bankruptcy; but, upon motion, the court will give him leave to attend with the documents at the trial, if the Lord Chancellor think fit (a).

The same where the documents are required to be produced, for the purpose of an indictment (b).

The Registrars' Office.] This office, which was established and is regulated by stat. 1 & 2 Geo. 4, c. 115, is situate in the Court of Commissioners of Bankrupt, in Basinghall-street, London; attendance from 10 till 4, and also during the sitting of any commission of bankrupt, or during the continuance of any meeting in bankruptcy holden in any part of the building, and during such other times as the Lord Chancellor shall from time to time direct. (s. 11).

The Registrar is appointed by the Lord Chancellor; and his duties, as defined by the statute, are; to be in attendance in his office during the hours above mentioned; to keep a daily journal, registry, and account of meetings in bankruptcy which shall be holden in the said buildings, or any office belonging to the same, in which shall be entered the name of the bankrupt, the solicitor to the commission, the messenger, the number of the list of commissioners to which the commission is directed, the names of the assignees, the hour of meeting, the time to which such meeting shall be adjourned, a minute of the nature or purpose for which such meeting was held, and the amount of any dividend declared thereat; for which purpose the solicitor to the commission must furnish him with the necessary information in writing. (s. 11). He must also keep a book, containing an entry or notice of all meetings appointed or called by public advertisement by the commissioners or creditors, which shall be open to the inspection of every person, during office hours, without fee. (s. 11). And he is to be paid for every meeting, ten shillings by way of charge for the use of the offices, (for which he is to account, in the manner directed by the act, (s. 11, 18),) and one shilling for himself; and also one shilling for every search in the registry out of office hours, unless made by or by the order of the commissioners. (s. 16). The present registrar is J. Hodgson.

Registrars' Office of the Court of Bankruptcy.] This office is situate adjoining the Bankrupt Office, in Quality-court, Chancery(a) In Re Fly, 1 Dea. & C. 249; In (b) Anon. 1 Dea. & C. 359. the matter of Whitefield, Mon. 513.

lane, and, by general order of the court, is kept open daily, Sundays only excepted, in the morning, from 10 to 4, and in the evening from 7 to 9 o'clock. It was originally at the Court of Commissioners at Guildhall; and an officer, attended by one of the registrars, is still for some purposes kept there. Two registrars, and, any number not exceeding eight deputy registrars, are appointed by royal sign-manual, and their duties (1 & 2 Will. 4, c. 56, s. 9) are to act as such, and to attend upon and assist the judges and commissioners of the Court of Bankruptcy; they are to hold their office during good behaviour, and liable to be removed upon a certificate from the Court of Review, or one of the Subdivision Courts, of some sufficient reason to be named therein. And by the general order, (Jan. 12, 1832), the registrars are to keep a roll or book, where shall be enrolled the names of all attornies or solicitors admitted in the Court of Bankruptcy, on payment of a fee of 5s. (to be applied as therein mentioned) for such admission and enrolment; and by the same general order, the registrars or their deputies shall cause to be prepared an alphabetical book for the entry of the names and places of abode of attornies and solicitors admitted in the Court of Bankruptcy, and other purposes therein mentioned, (see p. 26, post), and the same shall be publicly kept at the registrar's office, to be there inspected by any such attorney or solicitor as aforesaid, or his clerk, without fee or reward. Every fiat issued by the Lord Chancellor to be prosecuted in the Court of Bankruptcy, must be filed of record in the registrars' office; and all existing commissions, when transferred to the Court of Bankruptcy, shall be duly registered in the registrars' office, in books to be kept for that purpose, and shall be prosecuted before such commissioner as the Court of Review shall appoint; and all affidavits and other documents to be filed in the Court of Bankruptcy, are to be filed with the registrars. The duty of the deputy registrars is stated in the general order (Jan. 12, 1832) to be, to attend upon each commissioner, to take minutes of, to draw up, and have the charge of, all proceedings before him, under the superintendence of the chief registrar. The present registrars and deputy registrars of the court are:

REGISTRARS.

W. Barber.

Edward Lawes, Serj. Chief.

DEPUTY REGISTRARS-(of the Commissioners).

F. C. Parry.

D. H. Richardson.

S. Ayrton.

Francis Gregg.

W. H. Whitehead.

John Barnes.

John Campbell.

DEPUTY REGISTRARS-(of the Court of Review).

John Vizard.

By 5 & 6 Will. 4, c. 29, s. 21, it is enacted, that as and when any vacancy may occur by the death, removal, or retirement of any one

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