all matters of bankruptcy, co-extensive with, but not exceedingd the chancellor's former jurisdiction, and subject to an appeal to the chancellor on matters of law and equity, or on the refusal or admission of evidence only. Whether a man be a trader is a question of fact on which an appeal does not lief. The six commissioners are formed into two subdivisiong courts, consisting of three commissioners for each court, and have all the powersh which former commissioners had, provided that no single commissioner shall have power to commiti any bankrupt or other person examined before him, otherwise than to the custody of an officer of the court, to be detained and brought up within three days before Subdivision Court or Court of Review. In every case where the lord chancellor had, by any former act, power to issue a commission, he, M. R., V. C. and each of the masters in chancery acting under a special appointment from the lord chancellor, may issue a fiat, in lieu of a commission, authorising the creditor to prosecute his complaint in the Court of Bankruptcy, or elsewhere, before such persons as shall be appointed in the fiat, who are to have like power as if appointed by commission under great seal. The provisions" of former acts, and all rules and orders then in force, extend to this act, and fiats issued under it, to all purposes, as if such fiat were a commission under the great seal, except as otherwise directed by this act.Traders disputing the adjudication are, within a limited time, to present a petition for reversal to the Court of Review, who are to decide thereon, having power, if they think fit, to direct issues for a trial by jury before the chief judge, or one or more of the other judges, of matters of facts affecting the validity of the adjudication. Upon the reversal of any adjudication, chancellor may order fiat to be rescinded, and such order shall have the validity of a supersedeas of a former commission under existing laws. The chancellor is empowered to appoint official assignees, not exceeding thirty, one of which is to be, in all cases, an assignee of each bankrupt's estate, with the assignees chosen by the creditors. Real and personal estate is to be received by official assignee alone, except where otherwise directed by court. The personal estate of bankrupt, present and future, becomes vested in the assignees without any deed, by virtue of their appointment; and so in case of death or removal, in new assignee. So present and future real estate, in united kingdom or colonies, vests in assignees without any deed of conveyance, with a provisos, that in cases where the conveyance would require to be registered, a certificate of appointment of assignees shall be registered. It must be remarked here, that the statute for abolishing fines and recoveries, 3 & 4 W. 4. c. 74. expressly repeals the stat. 6 Geo. 4. c. 16. s. 65. so far as relates to estates tail, and to that extent also virtually repeals the 26th section of the 1st and 2nd W. 4. c. 56. and empowerst any commissioner acting in any fiat, by deed, enrolled within six months after its execution, to dispose of the lands of any bankrupt, tenant in tail, to any purchaser, for the benefit of his creditors, and to create, by such disposition, as large an estate as the bankrupt himself could have done under the act. The statute 1 and 2 W. 4. c. 56. is still in force in respect of real estates of which a bankrupt is seised in fee; and, indeed, also respecting his estates tail, until they are conveyed by the commissioners. But the commissioners appear to be the proper parties to convey the bankrupt's estate tail, under the statute 3 and 4 W. 4. c. 74. s. 56. and the assignees the proper parties to convey the bankrupt's estates in fee simple, under the 1 and 2 W. 4. c. 56". By stat. 3 and 4 W. 4. c. 74. s. 67. assignees are empowered to recover rents of the lands of a bankrupt, of which the commissioner has power to make disposition, and to enforce covenants, as if entitled to the reversion, until such disposition made, or until it is ascertained that such disposition is not required. This clause applies to all copyhold lands; but as to lands of any other tenure, to such only as the commissioner may dispose of after the bankrupt's death. Formerly a commission might have been superseded, on the ground of concert between the petitioning creditor, his solicitor, or agent, or any of them, and the bankrupt, &c.; but that is now abolished. A subsequent statutey directs, that q S. 25. r S. 26. s S. 27. t 3 & 4 W. 4. c. 74. s. 56. u bee Cru. Dig. vol. 1, p. 88. 4th ed. by H. H. White, where the reader will find the other provisions of this act relating to bankrupt's real es tates. x S. 42, and post. y 2 & 3 W. 4. c. 114. s. 1. the records and proceedings under former commissions shall be removed into the Court of Bankruptcy. Any one judge may, upon application, direct any commission heretofore issued to be entered on record. A similar provision is made with respect to fiats, adjudications of bankruptcy, appointments of assignees, depositions, or other proceedings, which must be strictly attended to; for unless the fiats, &c. are duly entered of record, pursuant to this provision, they cannot be received in evidence in any court of law or equityb. In the case of the death of witnesses, the depositions so entered of record, or duly authenticated copies, may be read in evidence. The ninth section enacts, that upon the production in evidence of any commission, fiat, adjudication, assignment, appointment of assignees, certificate, depositions, or other proceeding in bankruptcy, purporting to be sealed with the seal of the Court of Bankruptcy, or of any writing purporting to be a copy of any such document, and purporting to be sealed as aforesaid, the same shall be received as evidence of such documents respectively, and of the same having been so entered of record, without any proof thereof: provided that all fiats, and proceedings under the same, which may have been entered of record before the passing of this act, shall and may, upon the production thereof, with the certificate thereon, purporting to be signed by the person so appointed to enter proceedings in bankruptcy, or by his deputy, be received as evidence of the same having been duly entered of record. II. Of Persons liable to be Bankrupts. Any person being a trader, and capable of contracting in the way of trade, may become a bankrupt. Lord Hardwicke, Ch. refused to supersede a commission (2) which had been taken out against a clergyman, who was proved to have been a trader and had committed an act of bankruptcy, although it was urged, that clergymen were prohibited from trading, by stat. 21 H. 8. c. 13. s. 5. and that all contracts made by them z S. 4. b 2 & 3 W. 4. c. 114. s. 8. (2) The reader should be reminded, that the commission is now abolished, and the fiat is substituted in its place by 1 & 2 W. 4. c. 56. s. 12; it is, however, necessary to retain the word throughout this chapter, with reference to the old law on this subject. in trade, were, by that statute, declared to be void. Ex parte Meymot, 1 Atk. 196. See also p. 201 of the same book, where Lord Hardwicke said, that a commission of bankruptcy had been taken out against a peer, an Earl of Suffolk, for trading in wines; and though there might be some powers that the commissioners of bankrupts could not exercise against a peer, yet, notwithstanding this, he might be liable to a commission of bankruptcy, if he would trade. See also Highmore v. Molloy, 1 Atk. 206. where Lord Hardwicke said, that a public officer, as an exciseman, &c. made himself subject to the bankrupt law. A feme covert, sole trader, according to the custom of London, may bind herself by contracts made for the support of her trade, and consequently a commission of bankrupt may be taken out against her, with respect to her separate effects in traded. By the second section of the statute 6 G. 4. c. 16. the following persons are deemed to be traders liable to become bankrupt : d Lavie v. Phillips, 3 Burr. 1776. 1 Bl. R. 570. See also Exp. Franks, 7 Bingh. 762. (3) See Ex parte Neirincks, 2 Mont. & Ayr. 384; 1 Deac. 78. (4) The word hotel is not used in the sense of the old word hostel, for that means what is now termed an inn; and as the word inn precedes, it could scarcely have been intended to designate the III. Of Persons not liable to be Bankrupts. Farmer, (5) Grazier, Common labourer, Workman for hire, Receiver-general of the taxes, Member of, or subscriber to, any incorporated commercial or trading companies, established by charter or act of parliament. See the 2nd section of stat. 6 Geo. 4. c. 16. IV. Of the several Acts of Bankruptcy. By s. 3. If any such trader shall— 1. Depart this realm, 2. Being out of this realm, shall remain abroad, 3. Depart from his dwelling 4. Otherwise absent himself, 7. Yield himself to prison, 9 Procure himself to be ar- same thing by both. The modern word is introduced from the French, and rather implies a house to which people resort for lodging, than for the sort of entertainment which is to be procured only at an inn.”—Per Tindal, C. J.; Smith v. Scott, 9 Bingh. 17, in which case it was holden, that the keeper of a private lodging-house, who also sought a profit by furnishing her guests with provisions, although such provisions were set apart as the separate property of each guest, was liable to the bankrupt laws. R., a livery-stable keeper, bought provender, and sold it to his customers, and any who applied for it, as is done in all livery-stables; it was holden, a sufficient trading. Cannan v. Denew, 10 Bingh. 292. (5) See Carter v. Dean, 1 Swans. 64; Ex parte Lavender, 4 Deac. & Chit. 487; 2 Mont. & Ayr. 103. |