Page Robinson, Ex parte, re Rastall 275 | Statutes, 1 & 2 Will. 4. c. 56. Page 2 Will. 4. c. 53. s. 39. lxiii i 2 & S Will. 4. c. 114. lviii Steel, Ex parte, re Steel. . 488 10 551 ting Shore, Ex parte, re Lucas 509, 531 Shoults, Ex parte, re Venson 531 Shum, Ex parte, re Rose. 260 260 Shuttleworth, Ex parte, re 223 Swain, Ex parte Swainson, re, Ex parte Alex 15 re, Ex parte Wood 410 T. Thomas, Ex parte, re Thomas 443 mouth. . . 491 re, Ex parte Cleaver 491 Thornton, re, Ex parte Say 32 Timbrell, Ex parte, re Stoddart 358 Tindal, Ex parte, re Gibbins 291 Todd, Ex parte, re Jenner Transfield, re, Ex parte Han Deane Smith, Ex parte, re Harrison 441 re, Ex parte Rapp . 461 Ex parte Bell. . 496 Solarte, Ex parte, re Alzedo 311 Turpin, Ex parte, re Brown 120 V. Vanzeller, re, Ex parte Cotes- b 281 Page Venson, re, Ex parte Shoults 531 | Wilson, re, Ex parte Ray 357 380 Wisden, re, Ex parte Dowton 111 Withers, re, Ex parte Clarke 548 Wood, Ex parte, re Swainson 410 Worthington, Ex parte, re son - re, Ex parte Donald Wyatt, re, Ex parte Nash Ex parte 36, 110 573 I & II WILLIAM IV. c. 56. AN ACT TO ESTABLISH A COURT IN BANKRUPTCY. 20th OCTOBER, 1831. Bankruptcy. WHEREAS an Act was passed in the sixth year of the reign of his late Majesty King George the Fourth, intituled, An Act to amend the 6 G. 4, c. 16. Laws relating to Bankrupts: And whereas it is expedient to provide means of administering and distributing the estate and effects of bankrupts, and of determining the questions which from time to time arise touching the same, other than are provided by the said act; to the end that the rights, as well of the bankrupts themselves as of their creditors, may be enforced with little expense, delay, and uncertainty as possible, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, That it shall and may be lawful for his Majesty, his heirs Establishment and successors, by charter or letters-patent under the great seal of the of a Court of United Kingdom of Great Britain and Ireland, to erect and establish a Court of judicature, which shall be called "The Court of Bankruptcy," and by a commission under the great seal to appoint one person, being a serjeant or a barrister at law of not less than ten years standing, to be the chief judge of the said Court, and three persons, being serjeants or barristers at law of not less than ten years standing at the bar, or of five years standing at the bar, having previously practised five years as a special pleader below the bar, to be other judges of the said Court, and six persons, being barristers at law of not less than seven years standing at the bar, or of four years standing at the bar, having previously practised as a special pleader for three years below the bar, to be called commissioners of the said Court, and from time to time to supply any vacancy in the number of the said judges and commissioners; and the same Court shall be and constitute a Court of Law and The Court of Mode of application to Court of Review. to the Lord Chancellor. Equity, and shall, together with every judge and commissioner thereof, have, use, and exercise all the rights, incidents, and privileges of a Court of Record, or judge of a Court of Record, and all other rights, incidents, and privileges, as fully to all intents and purposes as the same are used, exercised, and enjoyed by any of his Majesty's courts of law or judges at Westminster. II. And be it enacted, That the said judges or any three of them shall and may form a Court of Review, which shall always sit in public, save and except as may be otherwise directed by this act, or by the rules and regulations to be made in pursuance hereof, and shall have superintendence and controul in all matters of bankruptcy, and shall also have power, jurisdiction, and authority to hear and determine, order, and allow all such matters in bankruptcy as now usually are or lawfully may be brought, by petition or otherwise, before the Lord Chancellor, whether such matters may have arisen in the said Court of Bankruptcy or elsewhere, except as is herein otherwise provided, and also to investigate, examine, hear, and determine all such other matters within the jurisdiction of the said Court of Bankruptcy, as are by this act, or may be by the said rules and regulations, assigned and referred to the said Court of Review. III. And be it enacted, That all such matters to be heard and determined in the said Court of Review shall be brought on by way of petition, motion, or special case, according to the rules and regulations to be established as hereinafter provided, subject to an appeal to the Lord Chancellor on matters of law and equity, or on the refusal or Mode of appeal admission of evidence only; and in all cases of appeal to the Lord Chancellor by virtue of this act such appeal shall be on a special case, and in no other mode whatsoever, except the Lord Chancellor shall in any case otherwise direct; which special case shall be approved and certified by one of the judges of the said Court of Review in matters arising in the said Court, and by the judge trying the issue in matters arising out of the trial of issues; and the determination of such judge on the settlement of such case shall be final and conclusive: provided always, that all appeals to the Lord Chancellor by virtue of this act shall be heard by the Lord Chancellor only, and not by any other judge of the High Court of Chancery. Court of Re issues. IV. And be it enacted, That it shall be lawful for the said Court of view may direct Review to direct any issue of fact arising therein to be tried by a jury before one of the judges thereof, or before a judge of assize, and to issue process to compel the attendance of jurors and witnesses, and to enforce the orders and decrees of the said Court of Review, and to that end to exercise all the powers vested for such purposes in any of his Majesty's Courts of Record at Westminster. Court of Re Courts. V. And be it enacted, That all costs of suit between party and party Costs in the in the said Court of Review shall be in the discretion of the Court, and view. shall be taxed by one of the masters of the High Court of Chancery. VI. And be it enacted, That the said six commissioners may be Subdivision formed into two Subdivision Courts, consisting of three commissioners for each Court, for hearing and determining the matters and things and making the examinations hereinafter referred thereto; and all references or adjournments by a single commissioner to a Subdivision Court, by virtue of this act, shall be to the Subdivision Court to which he belongs, unless the said commissioner, in case of the sickness of some one or more of the commissioners of such Subdivision Court, or other sufficient cause, shall think fit otherwise to direct; and the said Subdivision Courts may sit either in public or private, as they shall see fit, unless where it shall be otherwise provided by this act, or by the rules to be made as hereinafter mentioned. commissioners. VII. And be it enacted, That in every bankruptcy prosecuted in the The powers of said Court of Bankruptcy it shall and may be lawful for any one or more of the said six commissioners to have, perform, and execute all the powers, duties, and authorities by any act or acts of Parliament now in force vested in commissioners of bankrupt, in all respects as if they or any one or more of them were in every instance specially authorized and appointed for the purpose by a separate commission under the great seal of the United Kingdom of Great Britain and Ireland; provided always, that no single commissioner shall have power to commit any bankrupt or other person examined before him otherwise than to the care and custody of a messenger or other officer of the said Court, to be by him detained in his custody, and brought up before a Subdivision Court, or the Court of Review, within three days after such commitment, for which purpose one of such Courts shall be forthwith assembled, and to which Court such examination shall be adjourned. sioners. VIII. And be it enacted, That in lieu of the oath directed to be Oath of judges taken by commissioners under the said recited act, every judge and and commiscommissioner to be appointed by virtue of this act shall, before he shall be capable of acting in the execution of any of the powers and authorities given by this act, take an oath in the presence of the Lord Chancellor to the effect following; (that is to say,) |