liable to be charged in the same manner, as by the said recited act is provided in cases of neglect by assignees to invest money in the purchase of exchequer bills, when directed so to do: provided always, that until assignees shall be chosen by the creditors of each bankrupt, such official assignee so to be appointed to act with the assignees to be chosen by the creditors shall be enabled to act, and shall be deemed to be, to all intents and purposes whatsoever, a sole assignee of each bankrupt's estates and effects. rity of official the number of XXIII. Provided always, and be it enacted, That nothing herein Proviso restrictcontained shall extend to authorize any such official assignee to ing the authointerfere with the assignees chosen by the creditors in the appointment assignees. or removal of a solicitor or attorney, or in directing the time and manner of effecting any sale of the bankrupt's estates or effects. XXIV. And be it enacted, That it shall be lawful for the Lord For filling up Chancellor, from time to time, as any vacancy may occur in the said vacancies in before-mentioned number of official assignees, to appoint some other assignees. such person as aforesaid to fill any vacancy so occurring; and in case of the death or removal of any official assignee who shall have been appointed to act in any bankruptcy, it shall be lawful for the said Court of Bankruptcy, subject to any rules to be made by virtue of this act, to appoint another official assignee of the number hereby prescribed to act in the same bankruptcy, in the place of the assignee who shall have so become dead or been removed. assignees. XXV. And be it enacted, That when any person hath been ad- Personal estate judged a bankrupt, all his personal estate and effects, present and how to vest in future, which by the laws now in force may be assigned by commissioners acting in the execution of a commission against such bankrupt, shall become absolutely vested in and transferred to the assignees or assignee for the time being, by virtue of their appointment, without any deed of assignment for that purpose, as fully to all intents as if such estate and effects were assigned by deed to such assignees and the survivor of them; and as often as any such assignee shall die, or be lawfully removed, and a new assignee duly appointed, all such personal estate as was then vested in such deceased or removed assignee shall by virtue of such appointment vest in the new assignee, either alone or jointly with the existing assignees, as the case may require, without any deed of assignment for that purpose. XXVI. And be it enacted, That where any person shall have been Real estate how adjudged a bankrupt, all such present and future real estate of such to vest. bankrupt, whether in the United Kingdom of Great Britain and In cases where of a to any Ireland, or in any of the dominions, plantations, or colonies belonging to his Majesty, as by the said recited act is directed to be conveyed by the commissioners to the assignees, shall vest in such bankrupt's assignee or assignees for the time being, by virtue of his or their appointment, without any deed of conveyance for that purpose; and as often as any such assignee or assignees shall die, or be lawfully removed or displaced, and a new assignee or assignees shall be duly appointed, such of the aforesaid real estate as shall remain unsold or unconveyed shall by virtue of such appointment vest in the new assignee or assignees, either alone or jointly with the existing assignees, as the case may require, without any conveyance for that purpose. XXVII. Provided always, and be it enacted, That where according laws now in force any conveyance or assignment of any real or bankrupt would personal property of a bankrupt would require to be registered, require to be registered, the enrolled, or recorded in any registry office in England, Wales, or certificate of ap- Ireland, or in any registry office, court, or other place in Scotland, pointment of the assignee shall be or any of the dominions, plantations, or colonies belonging to his registered. 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. Seal of the court. 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. signees. XXIX. And be it enacted, That a certificate of the appointment of Evidence of apsuch assignees, purporting to be under the seal of the said Court of pointment of asBankruptcy, shall be received as evidence of such appointment, in all courts and places whatsoever, without further proof. examinations to Subdivision XXX. And be it enacted, That any one of the said six commissioners, Adjournment of if he think fit, may adjourn the examination of any bankrupt or other person to be taken either before a Subdivision Court or the Court of Courts. 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, that in case, before the said commissioner or Sub- Trial of disputed division 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. debts. sions of commissioners may XXXI. And be it enacted, That if such commissioner or Sub- Certain decidivision Court shall determine any point of law or matter of equity, or decide on the refusal or admission of evidence in the case of any be brought undisputed debt, such matter may be brought under review of the Court der review or appealed of Review by the party who thinks himself aggrieved, and the proof of against. the debt shall be suspended until such appeal shall be disposed of, and a sum not exceeding any expected dividend or dividends 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. of Court of Re XXXII. And be it enacted, That if the Court of Review shall Determination determine in any appeal touching any decision in matter of law upon ow in favour of the whole merits of any proof of debt, then the order of the appeals touchsaid Court shall finally determine the question as to the said proof, sions to be final, ing such deciunless an appeal to the Lord Chancellor be lodged within one month unless appealed against within from such determination; and in case of such an appeal, the determi- one month. New trial of issues. Proof of debts by affidavit. Assignees may appoint the bankrupt to superintend the management of the estate. Removal of assignees. Appeal to the nation of the Lord Chancellor thereupon shall in like manner be final 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. XXXIII. And be it enacted, That after any issue by this act authorized shall be tried, a new trial may be moved in 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. 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. 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 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. 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. 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 herein-before provided touching appeals to the Lord Chancellor, and to such arguments on the point of law as the parties may be advised to state. take evidence XXXVIII. And be it enacted, That the said judges and commis- The Court may sioners of the said Court of Bankruptcy shall in all matters within their viva voce, or respective jurisdictions have power to take the whole or any part of upon affidavit before a judge the evidence either vita voce on oath, or upon affidavits to be sworn or a master. 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. XXXIX. And be it enacted, That all power, jurisdiction and Commissions authority of the commissioners named in any commission of bankrupt London to be depending in depending in the Court of Commissioners of Bankrupts in the city of removed into London, shall cease and determine, and that every such commission Bankruptcy. shall thereupon be removed into the said Court of Bankruptcy, and that all further proceeding 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. the Court of point official assignees to act with the existing assignees under such and to whom XL. And be it enacted, That it shall be lawful for each commis- Power to apsioner of the said court who shall thenceforth act in such commission, at his discretion, to appoint some one of the aforesaid official assignees to act with the existing assignees, if any, under such commission, and to direct the existing assignees to pay and deliver over to such commissions, official assignees all monies, books, papers, and effects whatsoever in the latter shall their possession or custody as such assignees: and all the real and deliver over personal estate of the bankrupt under such commission shall immediately on such appointment vest in such official assignee jointly with the existing assignees, if any, in like manner as if the proceedings effects. |