brancer" shall mean the Chief or Second Remembrancer of the Fee-farm Rents thereunder. Court of Exchequer. XXXIX. And be it enacted, That in citing this Act in other Short Title of Acts of Parliament, or in legal Instruments or Pleadings, it shall Act, and of be sufficient to use the Expression "The Renewable Leasehold Conversion Act;" and in like Manner, in like Cases, in describing any Fee-farm Rent payable under the Provisions of this Act, it shall be sufficient to use the Expression "Fee-farm Rent under the Renewable Leasehold Conversion Act." XL. And be it enacted, That this Act shall extend only to Lands Act to extend situate within that Part of the United Kingdom of Great Britain only to Ireland. and Ireland called Ireland. XLI. And be it enacted, That this Act may be amended or Act may be repealed by any Act to be passed during this present Session of amended, &c. Parliament. CA P. CVI. An Act to amend and consolidate the Laws relating to Laws relating to Bankrupts:' Be it therefore enacted by the Queen'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, 1. That from and after the Commencement of this Act the several Acts and Parts of Acts set forth in the Schedule A. to this Act annexed, to the Extent to which such Acts or Parts of Acts are by such Schedule expressed to be repealed, and every other Act or Acts, and such Parts of every other Act or Acts, as shall be inconsistent with this Act, shall be repealed, except so far as the said Acts or Parts of Acts, or any of them, whether mentioned or included in the said Schedule or not, repeal any former Act or Part of an Act, and except also so far as may be necessary for the Purpose of supporting any Proceedings taken or to be taken under and after the Commencement of this Act upon any Trading, Act of Bankruptcy, Petitioning Creditor's Debt, Fiat, or other Proceeding in Bankruptcy before the Commencement of this Act, and except as to the Recovery and Application of any Penalty for any Offence which shall have been committed before the Commencement of this Act. 1. General Provisions. Certain Acts and Parts of Acts repealed. II. And be it enacted, That in citing this Act in other Acts of Short Title. Parliament, or in any Instrument, Document, or Proceeding, it shall be sufficient to use the Expression, "The Bankrupt Law Consolidation Act, 1849." III. And be it enacted, That this Act shall not extend to Scot- Extent of Act. land or Ireland, except where otherwise expressly provided. mence 11th Oct. 1849; Fiat abolished, and IV. And be it enacted, That this Act, unless where otherwise Act to comspecially provided, shall commence and take effect from and after the Eleventh Day of October next; and that from and after the Commencement of this Act no Fiat in Bankruptcy shall be issued, all Procedure to but all Proceedings in Bankruptcy or to found an Act of Bank obtain Adjudiruptcy shall, and Proceedings for Arrangement between Debtors cation of Bank Nn4 being ruptcy, &c. to be under the Provisions of this Act. Joint Stock Companies Winding-up Act, 1848, &c. not to be affected. In construing former Acts, &c. Fiat, &c. to be deemed to have issued at filing of Petition. 2. Constitution of the Court, &c. The Court of Bankruptcy continued for the Purposes of this Act, and to continue a Court of Record, &c. being Traders liable to become bankrupt and Creditors may be by virtue of and according to the Provisions of this Act; and that all Proceedings in Bankruptcy, and every Fiat in Bankruptcy, and Petition for such Arrangement, depending at the Commencement of this Act, shall be proceeded in and brought to a Conclusion under the Provisions of this Act: Provided that every Trading, Act of Bankruptcy, Petitioning Creditor's Debt, or other Matter or Thing, which before the Commencement of this Act would have authorized Proceedings in Bankruptcy, shall after the Commencement of this Act be sufficient to authorize Proceedings in Bankruptcy under this Act, and nothing in this Act contained shall render invalid any Proceedings in Bankruptcy, or any Fiat in Bankruptcy, or any Petition for Arrangement, depending at the Commencement of this Act, or any Proceedings which may have been instituted or taken under or by virtue of such Bankruptcy, Fiat, or Petition, or lessen or affect any Right, Title, Claim, Demand, or Remedy which any Person now has or hereafter may have under or by virtue thereof, or lessen or affect any Right, Title, Claim, Demand, or Remedy which any Person now has or hereafter may have upon or against any Bankrupt against whom any Fiat has or shall have been issued or against any such Trader who may or shall have presented such Petition, except as in this Act is hereafter specially provided: Provided always, that nothing in this Act contained shall affect the Provisions of the "Joint Stock Companies Winding-up Act, 1848," or any of the Acts therein recited, or of any Act amending such Act, except so far as regards the Abolition of the Fiat in Bankruptcy and the Substitution of a Petition for Adjudication of Bankruptcy. V. And be it enacted, That where, in any Act of Parliament, Instrument, Document, or other Proceeding passed, executed, or made before the Commencement of this Act, Mention shall have been or shall be made of any Commission of Bankruptcy or Fiat in Bankruptcy, such Act, Instrument, Document, or Proceeding shall be construed with reference to the Proceedings under a Petition for Adjudication of Bankruptcy, as if such Commission or Fiat had been actually issued at the Time of filing such Petition. And with respect to the Court, and the Jurisdiction thereof, be it enacted, VI. That the Court of Bankruptcy shall continue to be a Court of Law and Equity for the Purposes of this Act, and shall continue to be a Court of Record; and the Records and Proceedings of every Kind at the Commencement of this Act in the said Court in London, and in the several Districts in the Country, shall be kept as such Records and Proceedings in like Manner in the Court so continued; and the said Court and every Commissioner thereof shall have and use all the Powers, Rights, Incidents, and Privileges of a Court of Record, and all other Rights, Incidents, and Privi leges, as fully to all Intents and Purposes as the same are used and enjoyed by any of Her Majesty's Courts of Law or Judges at Westminster; and each and every of the Commissioners for the Time being acting in London and in the several Districts in the Country shall, singly and simultaneously, or otherwise as Occasion may require, be and form the Court for every Purpose under this Act, 2. Act, or in execution of any Duty which may hereafter be im- Constitution of posed on the Court, except where otherwise in this Act specially the Court, &c. provided. duced to Four. VII. That upon the next Two Occasions of a Vacancy in the Number of Office of any Commissioner of the Court acting in London the Commissioners Vacancies shall not be filled up, and the Commissioners acting in acting in LonLondon shall in such Manner be reduced to Four; and the Lord don to be reChancellor shall have Power to direct before which Commissioner or Commissioners those Matters shall be prosecuted which were theretofore prosecuted before the Commissioner whose Death, Resignation, Retirement, or Removal shall have occasioned the Vacancy. Lord Chancellor's Approval. VIII. That the Commissioners of the Court continued under Commissioners this Act, or any Eight or more of them, of whom the Senior Com- may make missioner shall be one, may from Time to Time make such Rules Rules, subject to and Orders as they may think fit for the better carrying this Act into execution, and as regards the Duties to be performed by the Chief and other Registrars, the Accountant, Master, Clerk of Enrolments, Official Assignees, Registrar of Meetings, and Clerks, and by the Messengers, Ushers, and other under Officers of the Court, and generally for regulating the Practice of the Court, and the Forms of Proceedings where not provided for in this Act; provided always, that no such Rules or Orders shall be of any Force or Effect until they shall have been approved by the Lord Chancellor. IX. That the Limit and Extent of the District of the Court of Limits of the Bankruptcy acting in London shall be and remain the Limit and Bankruptcy Extent of such District at the Time of the passing of this Act, Districts. and the Limit and Extent of the Districts of the Courts acting in the Country respectively shall be the Limit and Extent of such Districts respectively as the same are settled and determined at the Time of the passing of this Act, unless and until such lastmentioned Districts shall be altered as herein-after provided: Pro- Country Disvided always, that it shall be lawful for Her Majesty, with the tricts may be Advice of Her Privy Council, from Time to Time to alter the altered or inLimit and Extent of such last-mentioned Districts, or any of them, or to increase the Number of the same, as to Her Majesty, with the Advice aforesaid, shall seem fit. X. That the Court shall sit for the Despatch of Business daily throughout the Year, (Sunday, Christmas Day, Good Friday, Monday and Tuesday in Easter Week, and Days appointed for Public Fast or Thanksgiving, excepted,) and in London, and in each District in the Country, the Commissioners of the Court, or such of them as Occasion may require, shall attend for that Purpose: Provided always, that in each District in the Country in which there is only One Commissioner of the Court, such Commissioner, or, in his Absence from Illness or other reasonable Cause, the Registrar of the Court in such District shall so attend : Provided also, that during the Time appointed by Order of the Lord Chancellor for Vacations in the several Offices of the High Court of Chancery, the Commissioners of the Court in London and in the several Districts in the Country respectively shall have full Power and Authority to regulate the Sittings of the Court, and appoint the Attendance of such of them as Vacation Commis creased. Sittings of the Court. 2. Constitution of Commissioner or Commissioners for that Purpose as shall appear the Court, &c. fit and necessary for the due Administration of Justice in the said Court. Lord Chancel lor may attach Country Commissioners, &c. to such Districts as he thinks fit. 3. Jurisdiction, Primary and Appellate. Primary Juris- Chancellor. Vice Chan cellor sitting in Bankruptcy to be a Court of Record, &c. Appeals to be brought on by Petition, &c. Vice Chancellor may direct XI. The Lord Chancellor may from Time to Time attach the Commissioners and Registrars acting in the Country to such Districts as he shall think fit, and, whenever it shall appear to him to be expedient, may order any Commissioner acting for any District, whether in Town or Country, to hold Sittings at such Places within his District as the Lord Chancellor may think fit, and may give all necessary Directions in that Behalf. XII. That the Court, in the Exercise of its primary Jurisdiction by virtue of this Act, shall have Superintendence and Control in all Matters of Bankruptcy, and shall hear, determine, and make Order in any Matter of Bankruptcy whatever, so far as the Assignees are concerned, relating to the Disposition of the Estate and Effects of the Bankrupt, or of any Estate or Effects taken under the Bankruptcy and claimed by the Assignees for the Benefit of the Creditors, or relating to any Acts done or sought to be done by the Assignees in their Character of Assignees by virtue or under colour of the Bankruptcy, and also in any Matter of Bankruptcy whatever as between the Assignees and any Creditor or other Person appearing and submitting to the Jurisdiction of the Court; and also in any Application for a Certificate of Conformity, and in any other Matter (whether in Bankruptcy or not) where the Court by virtue of this Act has Jurisdiction over the Subject of the Petition or Application, save and except as may be by this Act otherwise specially provided, and subject in all Cases to an Appeal to such One of the Vice Chancellors of the High Court of Chancery as the Lord Chancellor shall from Time to Time be pleased to appoint to sit in Bankruptcy: Provided always, that if no such Appeal shall be entered within Twenty-one Days from the Date of any Decision or Order of the Court, and be thereafter duly prosecuted, every such Decision or Order shall be final; and that every Appeal shall be subject to such Regulation in regard to Deposit of Costs as shall by any General Rule or Order to be made in pursuance of this Act be directed. XIII. That the Vice Chancellor appointed and sitting in Bankruptcy as aforesaid shall be and form a Court of Record, and shall have all the Powers of and incident thereto, and may adjourn any Sitting from Time to Time and for such Time as may be requisite, and shall have the like Power of summoning and compelling Attendance, and of Examination, and of enforcing Obedience to Examination and to any Order duly made, whether relating to any Examination or to any other Matter, and of requiring and compelling the Production of Books, Papers, Deeds, Writings, and other Documents, and shall have the like Power of Commitment, as is by this Act given to the Court of Bankruptcy. XIV. That all Appeals from Decisions or Orders of the Com. missioners shall be brought on by way of Petition, Motion, or Special Case, subject to any General Rule or Order to be made by the Vice Chancellor or by the Lord Chancellor relating to such Appeals. XV. That the Vice Chancellor may, if he think fit, direct any Question of Fact arising before him to be decided by a Jury in London London or Westminster, or by a Jury before a Judge of Assize, Question of in Manner and Form provided in lieu of a feigned Issue by an Act Fact to be depassed in the Parliament holden in the Eighth and Ninth Years cided by a Jury. of the Reign of Her Majesty, intituled An Act to amend the 8&9 Vict. c.109. Law concerning Games and Wagers; and after any Question so New Trial may authorized shall have been decided a new Trial thereof may be be moved for. moved for in the Court out of which the Writ of Summons sued out under that Act shall have been issued. to the Lord · XVI. That all Decisions and Orders of the Vice Chancellor Decisions, &c. shall be subject to an Appeal to the Lord Chancellor on Matters of Vice Chanof Law and Equity, or on the Refusal or Admission of Evidence, cellor to be suband on such only; and in all Cases of Appeal to the Lord Chan- ject to Appeal cellor such Appeal shall be on a Special Case, and in no other Chancellor in Mode whatsoever, except the Lord Chancellor shall in any Case certain Cases. otherwise direct; and such Special Case shall be approved and certified by the Vice Chancellor, and his Determination 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; and that if no Petition of Appeal be entered within Twenty-one Days from the Date of the Decision or Order of the Vice Chancellor, and thereafter duly prosecuted, every such Decision or Order shall be final. XVII. That all Appeals to the Vice Chancellor or Lord Chan- Appeals, &c. to cellor, and all Affidavits and Documents to be used on the Hear- be entered in ing of any such Appeal, shall be entered in the Office of the Chief Office of Chief Registrar; and the Vice Chancellor sitting in Bankruptcy shall on Registrar, &c. the Hearing of such Appeals be attended by some one of the Registrars of the Court of Bankruptcy. XVIII. That if the Lord Chancellor shall in any Case deem Appeal to the any Matter of Law or Equity brought before him by way of House of Appeal to be of sufficient Difficulty or Importance to require the Lords. Decision of the House of Lords, or in case both Parties in any Proceeding before the Vice Chancellor 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 whole Facts whereupon such Question of Law or Equity shall arise shall be stated in the Form of a Petition of Appeal to the House of Lords, and the Party appealing may carry an 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 Vice Chancellor, and in Cases of Appeal from the Vice Chancellor to setting forth a Special Case, to be approved and certified by the Vice Chancellor, and to such Arguments on the Point of Law as the Parties may be advised to state. Commissioner, XIX. That during the Illness or Absence, from any reason- Lord Chancelable or unavoidable Cause, of any Commissioner acting in the lor, during IllCountry, the Lord Chancellor (as Occasion may require, and for ness, &c. of any such Time as he shall think fit to allow,) may authorize and direct may direct any of the Commissioners acting in London to act in any District another Comin the Country for or in aid of any of the Commissioners, and so missioner to act. |