In cases where

a conveyance ty of a bank

of the properrupt would

require to be

registered, the

tered.

the existing assignees, as the case may require, without any conveyance for that purpose.-[See Arch. B. L. 92, 172, 176.]

XXVII. Provided always, and be it enacted, That where according to any laws now in force any conveyance or assignment of any real or personal property of a bankrupt would require to be registered, enrolled, or recorded in any registry office in England, Wales, or Ireland, or in any recertificate of gistry office, court, or other place in Scotland, or in any of appointment the dominions, plantations, or colonies belonging to his of the assignee shall be regis- Majesty, then, in every such case, such certificate as hereafter is described of the appointment of an assignee or assignees shall be registered in the registry office, court, or place wherein such conveyance or assignment as last aforesaid would require to be registered, enrolled, or recorded; and the registry hereby directed shall have the like effect to all intents and purposes as the registry, enrolment, or recording of such conveyance or assignment, as last aforesaid, would have had; and the title of any purchaser of any such property as last aforesaid, for valuable consideration, without notice of the bankruptcy, who shall have duly registered, enrolled, or recorded his purchase-deed previous to the registry hereby directed, shall not be invalidated by reason of such appointment of an assignee or assignees as aforesaid, or the vesting of such property in him or them consequent thereupon, unless the certificate of such appointment shall be registered as aforesaid within the times following: (that is to say), as regards the United Kingdom of Great Britain and Ireland, within two months from the date of such appointment; and as regards all other places, within twelve months from the date thereof.-[See Arch. B. L. 176, 238.]

Seal of the
Court.

Evidence of

of assignees.

XXVIII. And be it enacted, That the said judges of the said Court of Bankruptcy shall cause to be made a seal of the said court, in such form as they shall think fit, and shall cause to be sealed therewith all such proceedings, documents, and copies as by the law now in being, or by this act, or by any rule or order of the said court, shall be required to be so sealed.-[See Arch. B. L. 8.]

XXIX. And be it enacted, That a certificate of the apappointment pointment of such assignees, purporting to be under the seal of the said Court of Bankruptcy, shall be received as evidence of such appointment, in all courts and places whatever, without further proof.-[See Arch. B. L. 391.]

Adjournment of examina

division Courts.

XXX. And be it enacted, That any one of the said six commissioners, if he think fit, may adjourn the examination tions to Sub- of any bankrupt or other person to be taken either before a Subdivision Court or the Court of Review, and may likewise adjourn the examination of a proof of debt to be heard before a Subdivision Court; which said Court shall proceed with such last-mentioned examination, and finally,

and without any appeal, except upon matter of law or equity, or of the refusal or the admission of evidence,

shall determine upon such proof of debts: Provided always, Trial of disthat in case, before the said commissioner or Subdivision puted debts. Court, both parties, the assignees or the major part of them, and the creditor, consent to have the validity of any debt in dispute tried by a jury, an issue shall be prepared under the direction of the said commissioner or Subdivision Court, and sent for trial before the Chief Judge or one or more of the other judges; and if one party only applies for such issue, the said commissioner or Subdivision Court shall decide whether or not such trial shall be had, subject to an appeal as to such decision to the Court of Review. [See Arch. B. L. 10, 20, 358].

missioners

may be

XXXI. And be it enacted, That if such commissioner or Certain deciSubdivision Court shall determine any point of law or mat- sions of comter of equity, or decide on the refusal or admission of evidence in the case of any disputed debt, such matter may be brought under brought under review of the Court of Review by the party review or apwho thinks himself aggrieved, and the proof of the debt pealed against. shall be suspended until such appeal shall be disposed of, and a sum not exceeding any expected dividend or divi. dends on the debt in dispute in such proof may be set apart in the hands of the said Accountant-General until such decision be made; and in like manner there may be an appeal on the like matter of law or equity from the Court of Review to the Lord Chancellor.-[See Arch. B. L. 21, 23, 307.]

of Review in

XXXII. And be it enacted, That if the Court of Review Determinashall determine in any appeal touching any decision in mat- tion of Court ter of law (d) upon the whole merits of any proof of debt, favour of apthen the order of the said court shall finally determine the peals touching question as to the said proof, unless an appeal to the Lord such decisions Chancellor be lodged within one month from such deter- to be final unless appealed mination; and in case of such an appeal, the determination of against within the Lord Chancellor thereupon shall in like manner be final one month. touching such proof; but, if the appeal, either to the Court of Review or the Lord Chancellor, shall be allowed in relation to the admission or refusal of evidence, then and in that case the proof of the debt shall be again heard by the commissioner or Subdivision Court, and the said evidence shall be then admitted or rejected accordingly.-[See Arch. B. L. 23.]

XXXIII. And be it enacted, That after any issue by this New trial of act authorized shall be tried, a new trial may be moved in issues. the Court of Review, which new trial shall be granted or refused according to the rules of the common law and the practice of the Courts of Westminster in granting or refusing new trials.[See Arch. B. L. 358.]

(d) The words "or equity" are manifestly omitted by mistake.

Proof of debts by affidavits.

Assignees may appoint the bankrupt to superintend the management of the estate.

Removal of assignees.

Appeal to the
House of
Lords.

XXXIV. And be it enacted, That it shall be lawful for any creditor to make proof of his debt by affidavit, sworn before one of the said judges or commissioners, or before a master in Chancery, ordinary or extraordinary, or if such creditor shall live out of England, by affidavit sworn before a magistrate where such creditor shall be residing, and attested by a notary public, British minister or consul; subject nevertheless to such rules and orders touching the personal attendance of any creditor to make such proof according to the existing laws and practice in bankruptcy as the said Court of Review, with the consent of the Lord Chancellor, shall from time to time make and direct.[See Arch. B. L. 152.]

XXXV. And be it enacted, That in every case the assignees may, with the approbation of the proper Subdivision Court, appoint the bankrupt himself to superintend the management of the estate, or to carry on the trade for behoof of the creditors, and in all or in any other respects they may think fit to aid them in administering the bankrupt's estate and effects, in such manner and on such terms as they may think best for the benefit of the persons interested in the estate.-[See Arch. B. L. 257.]

XXXVI. And be it enacted, That the Court of Review shall have power to remove any assignee of any estate; and the order of such court thereupon shall be final and conclusive to all intents and purposes, and not subject to any review by the Lord Chancellor or otherwise.-[See Arch. B. L. 165.]

XXXVII. And be it enacted, That in case the Lord Chancellor shall deem any matter of law or equity brought before him by way of appeal from the Court of Review to be of sufficient difficulty or importance to require the decision of the House of Lords, or in case both parties in any proceeding before the Court of Review shall desire that any such matter may be determined in the first instance by the House of Lords, and not by the Lord Chancellor, then and in such case the Lord Chancellor or the Court of Review may direct the whole facts, whereupon such question of law or equity shall arise, to be stated in the form of a petition of appeal to the House of Lords, and the party appealing may carry such appeal to the House of Lords in like manner as other appeals are preferred to that House; Provided always, that the cases to be lodged by the parties in the House of Lords shall be confined in matter of fact, in cases of appeal from the Lord Chancellor, to setting forth the special case brought up to the Lord Chancellor from the Court of Review, and in cases of appeal from the said Court of Review, to setting forth a special case, to be approved and certified in manner hereinbefore provided touching appeals to the Lord Chancellor, and to such ar

guments on the point of law as the parties may be advised to state. [See Arch. B. L. 23.]

may take evi voce, or upon

dence viva

affidavit before a judge or

a master.

XXXVIII. And be it enacted, That the said judges and The Court commissioners of the said Court of Bankruptcy shall in all matters within their respective jurisdictions have power to take the whole or any part of the evidence either vivá voce on oath, or upon affidavits to be sworn before one of the said judges or commissioners, or a master, ordinary or extraordinary, in Chancery, as the said court may in any case direct, or as the Lord Chancellor may from time to time prescribe, by any general rule to be made by virtue of this act.-[See Arch. B. L. 8, 350.] XXXIX. And be it enacted, That all power, jurisdic- Commissions tion, and authority of the commissioners named in any London to be depending in commission of bankrupt depending in the Court of Com- removed into missioners of Bankrupts in the city of London shall cease the Court of and determine, and that every such commission shall there- Bankruptcy. upon be removed into the said Court of Bankruptcy, and that all further proceedings thereon shall be thenceforth prosecuted and carried on in like manner as if they had been originally commenced therein by virtue of a fiat under the hand of the Lord Chancellor issued pursuant to this act, save as may be otherwise directed by this act.-[See Arch. B. L. 10.]

such commis

liver over ef

XL. And be it enacted, That it shall be lawful for each Power to apcommissioner of the said court who shall thenceforth act point official assignees to in such commission, at his discretion, to appoint some one act with the of the aforesaid official assignees to act with the existing existing asassignees, if any, under such commissions, and to direct signees under the existing assignees to pay and deliver over to such official sions, and to assignees all monies, books, papers, and effects whatsoever whom the latin their possession or custody as such assignees; and all the ter shall de real and personal estate of the bankrupt under such com- fects. mission shall immediately on such appointment vest in such official assignee jointly with the existing assignees, if any, in like manner as if the proceedings in the said bankruptcy had originally been commenced by virtue of this act, without prejudice to any action or suit commenced or any contract entered into by the existing assignees at the time of the passing of this act.-[See Arch. B. L. 160.]

this act.

XLI. And be it enacted, That wherever this statute hath Construction used words importing the singular number or the masculine and extent of gender only, yet it shall be understood to include several matters as well as one matter, and several persons as well as one person, and females as well as males, and bodies corporate as well as individuals, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction; and that wherever the words Lord Chancellor are used, they shall also be understood to mean Lord Keeper and Lords Commissioners for the custody of the great seal; and that this act shall not ex

Concerted

tend either to Scotland or Ireland, except where the same are expressly mentioned and referred to.-[See Arch. B. L. 34.] XLII. And be it enacted, That from and after the passbankruptcies. ing of this act no commission of bankrupt shall be superseded, nor any fiat annulled, nor any adjudication reversed, by reason only that the commission, fiat, or adjudication has been concerted by and between the petitioning creditor, his solicitor or agent, or any of them, and the bankrupt, his solicitor or agent, or any of them, save and except where any petition to supersede a commission for any such cause shall have been already presented and shall be now pending. [See Arch. B. L. 324.]

Arbitration.

Abolitio of

tee.

XLIII. And be it enacted, That if the assignees of any bankrupt's estate shall agree to refer any matter in dispute with any party to arbitration, in such manner as by law they are empowered to do, such agreement of reference may be made a rule of the Court of Bankruptcy by this act constituted, and thereupon all such rights and remedies, duties and liabilities, shall accrue from such reference so made a rule of the said court, in respect of arbitration and award, and non-performance of such award, and otherwise howsoever, as by law at present accrue upon any submission of reference made a rule of any of his Majesty's other courts of record. [See Arch. B. L. 406.]

XLIV. And be it enacted, That all fees heretofore payfees to paten- able to the person holding the patentee's office for the execution of the laws and statutes concerning bankrupts" shall cease and determine; and that no fee whatever shall be payable to any person whomsoever holding any office under or by virtue of this act, except such as are provided by this act, or in the schedules hereto annexed, and except the fees payable to any commissioner acting in the execution of any commission or fiat issued or to be issued, and to be executed elsewhere than in the Court of Bankruptcy. -[See Arch. B. L. ii. 163.]

Sum to be paid to the secretary of

bankrupts on the granting of every fiat, and application thereof.

XLV. And be it enacted, that there shall be paid to the Lord Chancellor's secretary of bankrupts, upon the granting of every fiat in lieu of a commission of bankrupt by virtue of this act, the sum of ten pounds; and the sums to be so received by the said secretary shall be by him paid once a week or oftener, as the Lord Chancellor shall think fit to direct, into the Bank of England, to the credit of the Accountant-General of the High Court of Chancery, to a separate account, to be intituled, "The Secretary of Bankrupts' Account;" and all monies to be paid into the said account shall be subject to such general orders touching the payment in, investment, accounting for, and payment out of such monies for the purposes hereinafter provided, as the Lord Chancellor shall from time to time think fit to prescribe.-[See Arch. B. L. ii. 163, 311.]