Appointment of registrars and deputy regis

trars.

All attornies and solicitors may practise in this Court.

Judges to make rules for regulating the proceedings of the Court.

'I, A. B. do swear, That I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the several powers and trusts reposed in me [as the chief judge, or one of the 'judges, or one of the commissioners, as the case may be, of the Court ' of Bankruptcy,] and that without favour or affection, prejudice or 'malice. So help me God.' And any judge or commissioner having once taken the said oath shall not again be required to take the same so long as he shall continue in office.

IX. And be it enacted, That it shall be lawful for his Majesty, his heirs and successors, under his or their royal sign manual, from time to time to appoint two registrars, and any number not exceeding eight deputy registrars, to act as such in the said Court of Bankruptcy, and to attend upon and assist the said judges and commissioners; which officers so to be from time to time appointed shall hold their respective offices during good behaviour, notwithstanding the demise of his Majesty, or any of his heirs or successors; provided always, that it shall be lawful for his Majesty, his heirs and successors, to remove of such officers upon a certificate from the said Court of Review, or one of the Subdivision Courts, of some sufficient reason, to be named therein, for such removal.

any

X. And be it enacted, That all attornies and solicitors of any of the superior Courts of law or equity at Westminster may be admitted and have their names enrolled in the said Court of Bankruptcy, without any fee or charge other than such as shall be allowed by this act, or any rule or regulation to be made in pursuance thereof, and may appear and plead in any proceedings in the said Court without being required to employ counsel, (except in proceedings before the said Court of Review, and upon the trial of issues by jury); and in case any person, not being an attorney or solicitor duly admitted as aforesaid, shall practise in the said Court of Bankruptcy as an attorney or solicitor, he shall be deemed guilty of a contempt of the said Court, and be liable to all the penalties incident thereto, on complaint thereof made to the Court of Review; and that all the laws and statutes now in force concerning attornies and solicitors shall extend to attornies and solicitors practising in the the said Court of Bankruptcy.

XI. And be it enacted, That the judges of the said Court of Review, with the consent of the Lord Chancellor, shall have power from time to time to make general rules and orders for regulating the practice of the said Court of Bankruptcy, the sittings of the judges and com

missioners thereof, and the conduct of the other officers and of the

practitioners therein.

Chancellor to

lieu of a com

mission.

XII. And be it enacted, That in every case wherein the Lord The Lord Chancellor, by virtue of any former act, hath power to issue a com- issue a fiat in mission of bankrupt under the great seal, it shall and may be lawful for him, and also for the Master of the Rolls, the Vice-Chancellor, and each of the Masters of the Court of Chancery acting under any appointment by the Lord Chancellor to be given for that purpose, on petition made to the Lord Chancellor against any trader having committed any act of bankruptcy by any creditor of such trader, and upon his filing such affidavit and giving such bond as is by law required, to issue his fiat under his hand in lieu of such commission, thereby authorizing such creditor to prosecute his said complaint in the said Court of Bankruptcy, or to prosecute the same elsewhere before such discreet and proper persons as the Lord Chancellor, or as the Master of the Rolls, Vice-Chancellor, or one of the Masters of the Court of Chancery, acting as aforesaid, by such fiat may think fit to nominate and appoint; and that the persons so appointed shall thereby have the like power and authority, to all intents and purposes, as if they were assigned and appointed special commissioners by virtue of a commission under the great seal.

XIII. And be it enacted, That every such fiat, prosecuted in the said Court of Bankruptcy, shall be filed and entered of record in the said Court, and shall thenceforth be a record of the said Court, and it shall thereupon be lawful for any one or more of the commissioners thereof to proceed thereon in all respects as commissioners acting in the execution of a commission of bankrupt, save and except as such proceeding may be altered by virtue of this act.

Fiats to be filed

in Court of Bankruptcy.

country com

XIV. And be it enacted, That the judges who go the several circuits Appointment of in England and Wales may be directed by the Lord Chancellor from missioners, and time to time to return to him the names of such number as he shall fiats to them. think fit to require of barristers, solicitors, and attornies, practising in the counties to the said circuit belonging, and upon such persons being returned, and approved by the Lord Chancellor, the fiat or fiats aforesaid not directed to the Court of Bankruptcy shall be directed to some one or more of such persons in rotation to act as commissioners of bankrupt, according to the districts or places for which such persons shall be so returned, and to no other person than such as shall be included in such return: provided always, that it shall be lawful for

Oath of commissioners in the country.

Provisions of former acts

the Lord Chancellor at any time to remove any person from the lists to be so returned, for such cause as to him shall seem fit.

XV. And be it enacted, That in lieu of the oath required by the said recited act to be taken by commissioners of bankrupt, all persons acting as such commissioners elsewhere than in the said Court of Bankruptcy shall take an oath to the effect following:

'I, A. B. do swear, That I will faithfully, impartially, and honestly, ' according to the best of my skill and knowledge, execute the several powers and trusts reposed in me as a commissioner in a prosecution of bankruptcy against and that without favour

or affection, prejudice or malice.

'So help me God'.

XVI. And be it enacted, That all the laws and statutes, rules and made applicable orders, now in force relating to bankrupts, or to commissioners of to this act and bankrupt, or to proceedings under such commissions, or to the subject

to fiats.

Manner of pro

matters of such proceedings, or to the persons concerned therein or in any way affected thereby, shall in like manner extend and be construed to extend in every respect, as far as the same may be appli cable, to this act, and to fiats issued in pursuance thereof, and to all proceedings under the same, and to all the subject-matters of such proceedings, and to all persons concerned therein or in any way affected thereby, to all intents and purposes whatsoever, as if every such fiat were a commission of bankrupt under the great seal of the United Kingdom of Great Britain and Ireland, save and except as may be otherwise directed by this act.

XVII. And be it enacted, That if any trader adjudged bankrupt ceeding, in case shall be minded to dispute such adjudication, and shall present a petition shall dispute the praying the reversal thereof to the said Court of Review, such petition adjudication.

the bankrupt

to be presented within two calendar months from the date of such adjudication, if such trader shall be then residing within the United Kingdom, or within three calendar months from the date aforesaid if then residing in any other part of Europe, or within one year from the date aforesaid, if then residing elsewhere, or within such other time as the said Court shall allow, (not exceeding one year, to be computed from the date aforesaid,) such Court of Review shall proceed to hear and decide on the said petition; or, at the option of the said bankrupt, and on his finding such security for costs (if the said Court shall think fit to require any security) as by the said Court shall be approved, shall direct an issue to try any matter of fact

affecting the validity of such adjudication by a jury, to be duly impannelled and sworn for that purpose, before the chief judge or any one or more of the other judges of the Court of Bankruptcy; and if the verdict on such issue shall not be set aside, on application made to the said Court of Review, within one month after the said trial, or if the adjudication of the commissioner shall not be set aside by the said Court of Review on the petition aforesaid, such verdict or such adjudication of the said commissioner shall in all cases, as against the said bankrupt, and also as against the petitioning creditor, and as against any assignee to be chosen of any such bankrupt's estate and effects, and as against all persons claiming under the said assignees, and all persons indebted to the bankrupt's estate, be conclusive evidence that the party was or was not a bankrupt at the date of such adjudication, any other act, debt, or trading than the act, debt, or trading proved at such trial notwithstanding: providing always, that an appeal shall be to the Lord Chancellor from the decision of the said Court of Review, upon matter of law or equity, or on the refusal or admission of evidence only.

Chancellor.

XVIII. Provided always, and be it further enacted, That after any Fiat to issue on such issue shall have been tried as aforesaid, it shall and may be petition to Lord lawful for the Lord Chancellor, on petition to him, to be presented within one calendar month after such verdict, and upon notice thereof to the bankrupt, upon special circumstances, to be submitted to the said Lord Chancellor, to order that another fiat do issue at the instance of any other than the former petitioning creditor against the said bankrupt, and that such fiat shall and may be supported by any debt, trading, or act of bankruptcy, other than those given in evidence on the trial of such issue.

fiat.

XIX. And be it enacted, That it shall be lawful for the Lord Chan- Power to annul cellor, upon the reversal of any adjudication of bankruptcy, or for such other cause as he shall think fit, to order that any fiat issued by virtue of this act shall be rescinded or annulled, and such order shall have all the force and effect of a writ of supersedeas of a commission, according to the existing laws and practice in bankruptcy.

creditors.

XX. And be it enacted, That it shall be lawful for any commis- Meetings of sioner who shall make any adjudication of bankruptcy to appoint two or more public meetings, instead of the three meetings directed by the said recited act, for the bankrupt to surrender and conform, the last of which said meetings shall be on the forty-second day after the

Powers given to the commission

ers may be exercised by the judges.

Appointment of official assig

nees.

Their duty.

publication of his bankruptcy in the Gazette; and the choice of assignees shall take place at the first of such two meetings.

XXI. And be it enacted, That in all cases in which power is by this act given to any one of the said commissioners to act, such power shall and may in like manner be exercised by the said chief judge, or by any one of the said other judges, as occasion may require; and where any such judge so acting would, in case he were a commissioner, make any reference or adjournment to a Subdivision Court, such reference or adjournment shall be made by such judge to the Court of Review instead of to a Subdivision Court.

XXII. And be it enacted, That a number of persons, not exceeding thirty, being merchants, brokers, or accountants, or persons who are or have been engaged in trade in the cities of London or Westminster or the parts adjacent, shall be chosen by the Lord Chancellor to act as official assignees in all bankruptcies prosecuted in the said Court of Bankruptcy; one of which said official assignees shall in all cases be an assignee of each bankrupt's estate and effects, together with the assignee or assignees to be chosen by the creditors; such official assignee to give such security, to be subject to such rules, to be selected for such estate, and to act in such manner, as the said chief and other judges, with the consent of the Lord Chancellor, shall from time to time direct; and all the personal estate and effects, and the rents and profits of the real estate, and the proceeds of sale of all the estate and effects, real and personal, of the bankrupt, shall in every case be possessed and received by such official assignee alone, save where it shall be otherwise directed by the said Court of Bankruptcy or any judge or commissioner thereof; and all stock in the public funds or of any public company, and all monies, exchequer bills, India bonds, or other public securities, and all bills, notes, and other negotiable instruments, shall be forthwith transferred, delivered and paid by such official assignee into the Bank of England, to the credit of the Accountant General of the High Court of Chancery, to be subject to such order, rule, and regulation, for the keeping of the account of the said monies and other effects, and for the payment and delivery in, investment, and payment and delivery out of the same, as the Lord Chancellor, or the said Court of Review, or any judge of the said Court of Bankruptcy, if authorised so to do by any general order of the same Court, shall direct; and if any such assignee shall neglect to make such transfer, delivery, or payment, every such assignee shall be